In this case, the claimant is suing the defendant for the return of her $5,000 down payment for the purchase and installation of two air conditioners in her apartment about three years ago.
I will here call the claimant “June”, and I will call the defendant “AC Access”.
The installation never took place. June’s co-op building on Fifth Avenue in New York City refused permission unless AC Access agreed to install several new features on the equipment and also in the apartment.
The equipment was custom ordered and included a separate outside compressor. The co-op’s requirements would have cost an additional $3,000 bringing her purchase to about $18,000.
June said that she was unaware that her building, like most New York City cooperatives, has restrictions regarding the installation of appliances that use water which may leak into other apartments in the building.
Drip pans, cutoff valves and the like are sometimes required by the co-op’s rules which are usually managed by its managing agent.
AC Access, who was an experienced installer, acknowledged that he knew that the installation might be a problem.
June declined to pay the additional costs and AC Access was then unwilling to proceed with the job. He tried to return the equipment to his air conditioning distributor for a credit but was turned down, claiming that his request came too late under their warranty.
To see my decision, click on the link below. Decisions.