Richard, Could you review this ? This is what I will put in the court document I have to file with small claims . I need to explain the claim per the form. Thank you Denise
Defendant sold me unapproved furniture in style and color which I paid for in advance of receiving on August 28, 2013. The furniture receive did not reflect my vision of my design board the defendant asked me prepare so she would have my vision. She examined my board on many occasions beginning in May. She said trust me “I know your vision better than you know it yourself “. I kept telling her I wanted light and airy and the style of the furniture in the pictures and referred her to the board many times.
She told me she would buy a console that would match my black and gold chinoiserie. The console the defendant purchased was completely black and colonial in style and too large for the foyer its designated space. All the furniture pieces, 4 in total, I received on August 28th were pitch black and are not the correct scale for the designated spaces marked off , I said why all black on the 28th of August she said it is fine. I signed the delivery form from Mastrocco, paid them $264.00 plus a $10 tip accepting the furniture but this did not indicate my approval. I had no time to debate it since I had to get back to my mom in the hospital who is easily agitated because of her dementia and the nurses prefer me there, she was to be released that day.
During the months she visited my home, I was paying her a fee and she insisted she would need to visit weekly starting in August, the defendant showed me two pictures of an end table and a mirror that was gold and glass styled completely different then what she delivered on August 28th. What she delivered was black and glass. Also, she insisted that she showed me pictures of the étagère but not the console. She did not show me either. Prior to her purchasing the furniture, I asked her to look at Horchow website since they had a black& gold edged framed cabinet/etagere, with two large glass doors and a light wood interior cabinet. The defendant said I needed a cabinet /étagère to display my antiques and accessories. I said I would like that Horchow cabinet and it would match the chinoiserie. She discouraged me and said the quality of furniture from Horchow is not that good and she said it may be too big, so I trusted her. I trusted her to provide me one piece to match my chinoiserie.
On 9/2, I called her to tell her take back the furniture this is not what I signed up for, this was not my vision I provided the defendant 23 picture per my design board. The furniture was $5580.60 which includes a defected coffee table of $651.90 which becomes unsteady each time I tighten the bolts it loosens. The coffee table was delivered by her after the 28th of August. She told me to tighten it and I said I did and it gets loose. I do not want anyone to get hurt if this glass table tips over. I do not feel confident with the quality of this piece. She showed me picture of this coffee table and it was not the same table which was delivered, the top was similar but the bottom of the table did not have the geometric design at the bottom and it did not appear to be a black bottom.
On September 21st, she acknowledged the console did not fit the space correctly but no action was taken by the defendant to correct such as putting it in her inventory and selling it to another client. Also, the defendant said I, the plaintiff, got a deal on the furniture but she did tell me she marked it up 50-100%. This was no deal. The plaintiff then told me she would talk to the sales representative about the furniture and work on the return. On October 18th she said the furniture is not going back and the couch/ottoman is coming.
The defendant ordered me a couch and ottoman in mid August which I asked her on 9/21 to cancel the delivery via a phone call. My concern is that after seeing the black furniture and it scale, I am really concerned the sofa and ottoman will not fit the space although she assured me it would. My trust in her is broken. She showed me a slipcover couch picture and fabric which I said ok but I said Judith are your sure it is going to fit the space. I asked her twice. She said yes twice. My concern is will the coach and ottoman fit the space properly as she did not measure the depth and height and did not provide a floor plan of my family room to ensure the pieces would fit. I only found out now that a designer should provide a floor plan and have you to sign off on the plan and any furniture purchases. Further, I asked her to measure and she measured the length and I said make sure that it does not come out far in the room because I do not want it to encroach the view of the fireplace which is not installed yet. She told me she has being doing this for 23 years and she knows what she is doing and she doesn’t have to measure. At the time she said this I had no reason to doubt her ability and her process. Now the concern is will this be the same issue I had with the console table and étagère? I do not trust she is correct after my experience with the black furniture delivery nor for that matter will it be the same product she showed me in the picture of the coach she never showed me the ottoman. I do not want to accept this furniture but if I do not I may be out another $2615 not including sales tax so I will accept the couch if the couch come before the hearing. I cannot outlay any more money with nothing to show for it.
On Oct 18th she arrived and dropped off some items and said she doesn’t work for me anymore. She had told me previously that she would accessorize my home, hang mirrors and frames. Now, I need to hire someone else when this was part of the oral agreement as she told me she would accessorize my house and hang the frames. She broke her oral contract with me .
The defendant has a framing company and framed 31 pieces of artwork for me the first set was to my liking gold silver and cream when she deliver the next 16 pieces they were all black. I said to her why black she said it was a done deal. I did not realize so many were black at the time of delivery she told me when the furniture came that the second set was all black. All art work was shrinked wrapped and I did not undo them because they were stacked against my newly painted walls. I did not have time to go thru each one until after the furniture delivery she told me what she done to the artwork. I trusted her again to do the appropriate framing of what I liked which was cream, gold and silver. I asked her to correct it. I said Judith you can use all the glass, mats just change the wood around and leave any interior moldings she said no it is a done deal. I said you have changed out frames for other clients you told me so, why should I be treated different? This was $ 3500 in framing for the 16 pieces.
Then I asked for cream fabric on my Louis XV dining room set and she provided a sand color. I said I asked for white she said I picked this sand fabric but not for my dining room. I told her I wanted white / cream and defendant said that is Jewish northeast and when I told her what she said the defendant said I was hallucinating. I clearly remember because I am part Jewish and raised in the Northeast. I asked for white or cream not sand. I paid $900 for this fabric in advance of seeing it because the defendant wanted to be paid up front. After much grief from the defendant, I had asked for some fabric to be eliminated which was gold and blue which I picked for other areas of the house and she did accommodate that change but not my dining room.
The defendant purchase accessories for me and did not disclose that she was marking up the products 200-300%. Some purchases she would just buy and tell me I needed them to complete the look of my house and charged me for them. She would threaten me that she would quit my job because I was stressing her out about my budget all the while having my money and goods. I could not sever the relationship she had my goods and artwork and was to finish my house. I was stressed out from her bills and told her so. I asked her to stick to a budget. She then said she does not work with a budget but originally she said she would when my husband and I met with her in April.
The defendant did not deliver three lamps I paid for in the amount of $1750. I requested these lamps to be a light finish not a dark finish. She showed me pictures of these except the white lamp. She said they are not a dark finish, and they appeared light in finish except the standing lamp and she said it was a light bronze color. I have not seen the lamps as of this written summary. Lastly, I asked her to return my aunts antique frames which were a total of 4 frames, 2 cream and 2 gold and she has not as of this summary.
Thank you for your patience reading this summary.