What is the name of your state (only U.S. law)? NY
I recently purchased furniture from a small furniture store in NYC (I myself live in PA). They delivered the wrong headboard and at the time of delivery we agreed that a new headboard will be redelivered. At that time we agreed to use the headboard that was delivered as we wouldn't be able to sleep on the bed without it. We had the delivery man sign a statement on the back of the invoice saying that a redelivery of a proper headboard will be made. Few weeks later the company said that they will not exchange anything and after numerous attempts to communicate with them (and no action on their side whatsoever) we decided to take this to Small Claims Court. I have proof against the defendant that the delivery man signed the paper stating that the headboard is wrong and will be exchanged... Do I need to subpoena this man or does the defendant have to bring that person to court himself if he wants to prove me wrong? Advice would be much appreciated. If you need further explanation, I will be more than happy to clarify.
I recently purchased furniture from a small furniture store in NYC (I myself live in PA). They delivered the wrong headboard and at the time of delivery we agreed that a new headboard will be redelivered. At that time we agreed to use the headboard that was delivered as we wouldn't be able to sleep on the bed without it. We had the delivery man sign a statement on the back of the invoice saying that a redelivery of a proper headboard will be made. Few weeks later the company said that they will not exchange anything and after numerous attempts to communicate with them (and no action on their side whatsoever) we decided to take this to Small Claims Court. I have proof against the defendant that the delivery man signed the paper stating that the headboard is wrong and will be exchanged... Do I need to subpoena this man or does the defendant have to bring that person to court himself if he wants to prove me wrong? Advice would be much appreciated. If you need further explanation, I will be more than happy to clarify.
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