Legal Question in Consumer Law in New York

Where do I file small claim/suit - DC or NY - Defective Wedding Gown

I purchased a wedding gown from a bridal shop in NY that arrived with a number of flaws. The owner told me to return the dress and to put the flaws in writing. I did so. The store owner told me that she was going to let her seamstress try to fix them, but decided against it. She sent the dress back to the manufacturer. The dress was returned to me, containing the same flaws, plus an additional one. I called the store to inform them that I had shipped the dress back to them because of the flaws. The owner told me that they were going to refuse the dress when it arrived and was not going to give me my money back. The store initially signed for the dress (fedex) and then told the fedex guy that they were not going to accept the package and gave the dress back to them. The dress is now with fedex because I informed them that I did not want the dress back since the company had initially signed for it. Fedex informed me that unless one of us accepts the package, they intend to ship it to their claims office in Minnesota. What are my rights and options? Am I responsible for the dress and thus should ask fedex to return it to me? I've had to find another dress for my wedding. I paid by credit card.


Asked on 4/05/03, 10:07 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Where do I file small claim/suit - DC or NY - Defective Wedding Gown

You should request that Fedex return the dress

to you for safekeeping. If the dress is defective

and you have not received the value for which you paid, you can give written notice to your credit card company that you wish to place the transaction in contest and that a chargeback be effected against the seller. Then explain why.(Everything must be in writing---no phone calls).

If your claim is accurate there should be no need for court action on your part and your credit card company should be able to resolve the matter in your favor with a credit to your account.

I would, however, hold on to the dress until a person of proper authority gives you appropriate instructions as to how you should dispose of it.

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Answered on 4/05/03, 11:15 pm


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