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advice on small claims case

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hj_jones

Junior Member
What is the name of your state? NY

Hello,

I need some advice on how to approach my small claims case. Here is the background...

I hired the superintendent in my parents’ coop building to do 4 small renovations to their unit. We had an oral agreement. There was no written contract. He would install 3 new light fixtures, enlarge an opening between two rooms, board up an existing doorway, and plaster, paint and install new base molding in the unit. He said he would complete the work in one week’s time. We agreed to a fee of $1600 and that I would pay for any supplies. My mother gave him a check (made payable to “cash”) for $600 on the first day of work. After the lighting fixtures were installed, he demanded a second payment, so she gave him another $500 (again by check made payable to “cash”).

Then he stopped showing up or would only come by for 30 minutes and then leave. He and his crew made several mistakes (e.g. they mixed the ceiling and wall paint so the rooms had to be repainted; the plastering was not smooth and needed sanding and spackling; they enlarged the opening over a foot wider than agreed to, so it had to be patched) which added to his workload. Three weeks later only the lighting fixtures part of the project was complete and he began asking for more money than we had agreed to initially, saying he needed it to finish the job. Four weeks later, with the project half completed (and very poorly at that) he threatened to quit again. I told him that was fine as long as he was willing to return $500 of the $1,100 he had been paid. In front of two witnesses, he agreed to return it but is now refusing to pay me. I hired someone else to finish the base molding for $400 and I replastered and repainted with a few friends. The repainting cost me over $300 in additional paint and supplies.

My questions:

- Should I be suing for breach of contract, breach of agreement or something else?
- Does it matter that the checks were made out to “cash”?
- Can I sue for treble damages?
- Is an oral contract binding in NY?

Any help would be greatly appreciated. Thanks!
 


hj_jones

Junior Member
Thanks.

I filed a smalls claim against him for breach of agreement do $850. The $500 he said he would return and then $350 in new supplies that I had to buy. Now he is counter suing me for $500 for non payment of services rendered. I'm guessing this may help my case since he is acknowledging we had an agreement. I also have a $420 receipt form another contract who I brought in to finish the work.

Any thoughts?
 

BL

Senior Member
Thanks.

I filed a smalls claim against him for breach of agreement do $850. The $500 he said he would return and then $350 in new supplies that I had to buy. Now he is counter suing me for $500 for non payment of services rendered. I'm guessing this may help my case since he is acknowledging we had an agreement. I also have a $420 receipt form another contract who I brought in to finish the work.

Any thoughts?
Take your proofs and witnesses .
 

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