Who's to blame when furniture doesn't fit?

Seven On Your Side
July 22, 2011 8:16:39 PM PDT
It is a popular New York City problem; small apartments, big furniture.

So when what you ordered can't fit through your apartment door, should you be allowed to return it?

"Yes" said a Brooklyn court in the case of mother-to-be, but when she still couldn't get her money back she called 7 On Your Side.

Ready or not their baby's on his way, but first time parents Latonya Carroll and Wilkins Tavile won't have anywhere for junior's visitors to sit.

"It's been very stressful back and forth to Brooklyn trying to fight so I can get my money back from this furniture company," Latonya Carroll said.

She fought for the right to her refund on a living room set.

A judge awarded her $2,300 plus interest when she took a Flatbush Avenue wholesaler to small claims court.

"I went to the store to get the set. They were supposed to deliver, but before they did that, they had to come measure the door first. They measured it and the guys said it wouldn't fit through the door," Carroll said.

The store offered a credit toward a smaller living room set, but since April has refused to pay the judgment ordering Flatbush Express to give her deposit back.

"Well, I'm not working right now, I'm pregnant, things is not easy," Carroll said.

The store owner told 7 On Your Side he had no plans to pay Latonya.

"Do you think you could just give her, her money back?" Nina Pineda asked.

"No, I'm going to sue," said Boris Tyutyumik, the store owner.

"Sue her for what?" Pineda asked.

"For money," Tyutyumik said.

"You've got the money and the furniture," Pineda said.

"No I don't have money," Tyutyumik said.

"You have $2,300," Pineda said.

Boris Tyutyumik showed 7 On Your Side the oversized set he's stuck with, explaining they tried to deliver three times.

He claims the customer first agreed to have the couch and love seat dismantled and put back together, but then changed her mind.

"It does not fit it's not our fault," Tyutyumik said.

He showed Eyewitness News his policy that says that sellers are not responsible for furniture that doesn't fit.

"Regardless of whether it's fair or not, and you had this, you still lost, you lost in court and the sheriff is going to come here or they'll take it out of your account," Pineda told Tyutyumik.

He told 7 On Your Side, he would need to call Pineda back, and he did, with a change of heart.

"Everyone at Eyewitness News they helped me so much, I'm so thankful," Carroll said.

She got $2,410 which is a full refund plus interest.

"Without you guys it wouldn't have happened today," Carroll said.

So whose responsibility it is depends on store policy, even though the owner showed Eyewitness News that portion of the receipt saying the buyer is responsible, he admitted that part was never shared with the customer.


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