Legal Question in Consumer Law in New York
My wedding was November 2, 2012, just a few days after Superstorm Sandy. Our
reception hall that we booked well in advance (The Watermill in Smithtown, NY)
cancelled our wedding two days before our wedding due to power outages and
unable to have our wedding. Our limo company gave us a list of other reception
halls to call and find out if anywhere else could have our wedding. The East
Wind in Wading River had a room available to have our wedding. We left them a
deposit of $7862.00 which was our remaining balance for the Watermill. The next
day (now one day before our wedding and less than 24 hours from when we left our
large deposit), the Watermill told us they could have our wedding because they
regained power. Although we were very grateful that the East Wind was able to
have our event, we needed to get our money back from them to give to the
Watermill. The Watermill sent over a fax to the East Wind demanding our full
refund as we did cancel within a 24 hour period. The Watermill told us that they
would take care of the money on their end. One month after our wedding, we
received a bill with an outstanding balance due to the Watermill of $7262.00. We
got on the phone with the East Wind multiples times and also spoke to the owner,
who resisted and would not give us our money back to pay the Watermill, even
with 24-hour notice. Now, the Watermill sent a registered letter from an
attorney wanting their money.
1 Answer from Attorneys
It sounds as though your best option may be to sue EastWind for the return of your deposit. You may wish to provide Water Mill with a copy of the summons and complaint so they are aware that you in fact, never received the money from EastWind. Small claims is usually limited to $5000 so you may have to sue in civil court. Check with your local court clerk's office to find out what the jurisdictional limits are in your town or village.
If you have further questions, you can contact my office directly.
Good luck!
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