BUFFALO, N.Y. (WIVB) – Sandy Demler promised a friend she could have Demler’s well-used 20-year-old dinette set as soon as she gets the new table and chairs she ordered and paid for in-full back in early August.
Demler has not received the furniture she bought from Chairs and Tables, a South Park Avenue furniture store, so Sandy filed a consumer complaint with the New York Office of Attorney General, joining several other complainants against the South Buffalo dealer.
Attorney General Eric Schneiderman filed a lawsuit against Chairs and Tables, this week, in State Supreme Court, demanding restitution amounting to $5,000 on behalf of Demler and the other customers who claim they have been shortchanged.
Demler said, after paying Chairs and Tables $506 for the new dinette set, she called store owner James Damico every other day, “I got a message on my machine, saying I’ve got the table, but I don’t have the chairs yet, but it will be anytime now.”
The Cheektowaga grandmother finally got fed up and bought a dinette set from another furniture store, “I am really puzzled, I don’t know. I don’t know how he has stayed in business this long if this is the way he is operating.”
Assistant Attorney General Jim Morrissey said the State AG’s Consumer Fraud Bureau met with Damico, the store owner, after receiving numerous complaints and they reached an agreement, “He had agreed that over time he would make payment of restitution to consumers, which he failed to do. So it was when he failed to do that we filed this action.”
Morrissey also offered a strong tip for consumers when ordering furniture: New York General Business Law law requires a furniture dealer to offer an estimated date for delivery in writing, and the consumer has options if the deadline is missed.
“They can cancel the order and get their money back, they can cancel the order and get a store credit, they can negotiate a new delivery date.”
Store owner James Damico told News 4 he has not been able to keep his end of the agreement with the Attorney General because he has had some family medical issues which caused him to miss days at the office, but he is still trying to fulfill his promise.
If you have been shortchanged by Chairs and Tables, you can file a complaint with Schneiderman’s office by calling the Consumer Hotline at 853-8404.