Legal Question in Consumer Law in New York

My wedding photography contract said my photographer would provide us a DVD with the photos from the wedding. In email communications leading up to that contract, he stated he would give us the photos to print for ourselves. Our understanding was we would get the original photos from the wedding; however, he provided us DVDs with very low resolution photos. He said the contract never stated we would get "high definition" photos (though it also never stated we would get low resolution copies). I think there is a legitimate argument here that we are entitled to the original photos, since there was no indication to the contrary in our contract.

I've done some research, and New York Small Claims won't help because I am not looking for monetary damages. Aside from suing in state court for specific performance of the contract, are there any other avenues to pursue for getting the original photos?

Asked on 3/13/14, 7:31 am

3 Answers from Attorneys

Jason Stern Law Offices of Jason Stern

I believe Small Claims Court would be effective because while the photos are more important than the money to YOU, the money is more important than the photos to the PHOTOGRAPHER. Filing suit seeking monetary damages and a full refund should give you the leverage you need to get what you were supposed to get.

Please contact me directly at [email protected] if you need additional assistance.

Good luck!

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Answered on 3/13/14, 7:37 am

Your contract controls the outcome of your dispute. You may want to contact other photographers to discover the standard in the industry. Small Claims Court should provide you with greater leverage.

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Answered on 3/13/14, 12:02 pm
Kevin Connolly Kevin J. Connolly

Damage claim of $1500 per image should get his attention. Not a small claims case. Photog won't take that seriously. $1500 per image is the market standard in NYC. But what kind of equipment did he use to take the photos?

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Answered on 3/14/14, 5:24 am

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