Legal Question in Insurance Law in New York

I purchased a violin bow from a dealer in New York City (value: $2500) that broke about a month after I bought it. The bow itself had a historical repair, but the dealer had assured me that it was fine to purchase--if he had any doubts, he said, he would not be selling it. Of course, the break was where the previous repair (done by someone else--not the dealer) had been. The dealer offered to repair the bow, but it broke again. He tried another repair technique, but this also did not work. At this point, he mentioned that the bow was irreparable. This entire time, I had also mentioned that I needed to have confidence in the bow--even if repaired, would it hold up? Could I play it without feeling like it would break at any moment? As I remember it, we came to an agreement that he would provide another bow to me of the same value. Instead, a few months later, he tried to repair the bow again (it didn't work) and then said that all he could offer me was a bow valued at $500--anything more and I would have to pay the difference. Beyond this, he kept insisting that I should have had the bow insured. I spoke with an insurance agent about my situation, and she seemed to believe that because it broke as I was playing it (and because of the previous damaged repair) it would not have qualified for coverage. I didn't accidentally drop the bow (which would be covered)--it broke in my hands, as I was playing, which would count as wear and tear (which is not covered).

Given the dealer's unwillingness to reimburse/replace my bow with an equivalent valued bow (something I feel he should do as a respectable dealer), do I have any legal recourse?


Asked on 8/25/10, 2:02 pm

1 Answer from Attorneys

Carol Ryder Law Office of Carol Ryder PC

You always have recourse to sue in Sm Claims Court in his area.

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Answered on 9/05/10, 11:28 am


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