Ricky vs Renee – Case

In a recent case before me as a Small Claims arbitrator in Manhattan, the plaintiff “Ricky” (not his real name), is suing “Renee” (not her real name either). Ricky and Renee agreed to be roommates in her New York City apartment, and the dispute involves her return of his security deposit of $1,500 after he…

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Ricky vs Renee – Decision

I said that in my opinion this case should be settled by the parties directly. I said that I could enter an award for a specific sum of damages against Renee and in favor of Ricky, and that I was prepared to do so. In thinking about what was “fair”, Renee’s offer to settle the…

Michelle vs Birds R Us – Case

In a recent case before me as a Small Claims arbitrator, “Michelle” (not her real name) is suing the pet store where she bought her pet bird. It seems that the bird died. She wants her money back, as well as her steep veterinarian expenses. Michelle bought a baby cockatiel from “Birds R Us”, a…

Michelle vs Birds R Us – Decision

I held in favor of Birds R Us, and dismissed Michelle’s claim. Michelle bought Tweety Bird with Nancy’s promise to take the bird back for any reason within a few weeks of her purchase. Tweety Bird was treated by Michelle for about six months, which is a lot longer than Nancy’s offer. Michelle’s efforts to…

Diaz vs Pappas – Case

This case is about a runaway pretzel cart. It came before me recently as a Small Claims arbitrator in Civil Court. Jesus Diaz, the plaintiff (the “claimant” in Small Claims lingo) is a Latin man with an almost impenetrable Spanish accent. The defendant is a small garage in midtown New York City. Jimmy Pappas said…

Diaz vs Pappas – Decision

This case involves the legal theory of “due care” and whether the accident was “foreseeable” by a reasonable person. It seemed to me that the facts described by the parties made the event foreseeable. Mr. Diaz was parked legally in front of the defendant’s garage. The curb lacked a curb cut. A cart operator had…