'Not Acting His Age' & 'Holding on Tight To The Cash' & 'Not Cementing a Deal'

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[00:01:01]Wasn't that weird with your ex-wife?

[00:01:02]Like what Did you guys >> We were really good friends.

[00:01:04]>> Yeah, you didn't hate each other.

[00:01:05]>> No.

[00:01:07]Not at all.

[00:01:07]>> She knew me.

[00:01:09]Yeah. [laughter] >> [music] >> This is the plaintiff, Lori Susan O'Hara. She says she dated the defendant [music] for eight years. Looking back, it was a long eight years indeed.

[00:01:21][music] The guy had no ambition. He's like 52 going on 19. Since she already had two children [music] and didn't need another, she threw him out. This got him quite upset. He owes her a whole heap of money for things like [music] rent and a cell phone, for crying out loud. Well, the buck stops here. She's suing him for the $1,349.84 she's owed.

[00:01:49]>> [music] >> This is the defendant, Jay Lawrence Coatsen. He says he and the plaintiff had [music] a pretty rocky relationship, and she even threatened him from time to time.

[00:01:59]>> [music] >> In fact, the woman drove him plumb nuts, so he stopped seeing her. He has no idea why she's suing him now because he never officially lived with her, never promised her anything, and he thinks the judge is going to see right through her and rule [music] for him.

[00:02:14]He's accused of not acting his age.

[00:02:22]All parties, please raise your right hand.

[00:02:24]What you are about to witness is real.

[00:02:27]The participants are not actors. They are actual litigants with a case pending in civil court. Both parties have agreed to drop their claims and have their cases settled here before Judge Marilyn Milian in our forum, the People's Court.

[00:02:45]You can seat the defendant, please.

[00:02:48]Litigants have been sworn in. Thank you, Douglas.

[00:02:50]>> Lori Susan O'Hara, Yes. you are suing Jay Lawrence Cotton Cotton, correct. for $1,349.84 that you say he owes you in rent, cell phone bills, and medical insurance um payments that he refuses to pay. Okay, tell me your tale of woe. How long have you known this gentleman, and what was your relationship with him? Um I've known him for 9 years. We dated for a little over eight. Um the first couple years was kind of he was still married, waited several years for him to get divorced. They She knew about it. I mean, it wasn't a it wasn't a situation where she didn't know about me. They were living separate lives, but technically on paper they were.

[00:03:32]I know.

[00:03:32]>> [laughter] >> And um Wait. Wait. Wait. Just stop.

[00:03:35]Was he living with her in a household?

[00:03:37]>> In his own room.

[00:03:39]Did his own thing.

[00:03:40]>> Is that accurate?

[00:03:41]>> Correct. So, your wife your ex-wife and you I assume she's an ex. Correct. She is now. Uh lived in the same household leading separate lives openly for how long and why?

[00:03:52]Uh I stayed there for my son. How old is your son? Well, he's going to be 16 now.

[00:03:58]When he was >> But you both just said ah you do what you want, I'll do what I want.

[00:04:01]>> Well, it wasn't like that. You know, we didn't have people come to the house. We you know, I had my own room on the other side of the house and we just went our separate ways.

[00:04:08]>> Didn't your son notice that it was a little weird?

[00:04:11]Uh yeah, he understood. He grew to understand more and that's when I left.

[00:04:15]Okay. So, what happened? Uh we dated for a while. He got >> Wasn't that weird with your ex-wife?

[00:04:20]Like what did you guys We were really good friends.

[00:04:22]>> Yeah, you didn't hate each other.

[00:04:23]>> No.

[00:04:25]Not at all.

[00:04:25]>> me.

[00:04:27]>> [laughter] >> I thought you said you weren't bringing people over. You Well, no. She knew me.

[00:04:32]She knew we were dating. I mean, she knew they were living separate lives.

[00:04:35]Right. I'm sure this has absolutely nothing to do with the case, but I'm fascinated.

[00:04:40]I but I'm fascinated.

[00:04:40]>> You want the history. Okay. So, then what?

[00:04:43]>> waited.

[00:04:44]Um he left and got a room with a friend of his. And it was always our intention to move in together. And he stayed at my house, you know, four or five times a week. And we had tried it a couple times and he'd stay over for >> A couple times? Tried kind of living together. He'd come over for like two or three weeks and things would get hectic and he'd go back to his old man cave or when his son came over, he had his you know, he had that room that he went to and his son would stay with him over there. Um but in July, we decided, okay, you know, let's really give this a try.

[00:05:21]And you know, it's been long enough.

[00:05:23]It's been 8 and 1/2 years. Oh, after only 8 and 1/2 years, you were actually going I'm a very patient woman.

[00:05:28]Apparently. [laughter] So, go ahead. Um so, we had we had said in, you know, July that he was going to give notice to his his man cave and he would move in as of September 1st. Come September, he moved in and October came around and he wasn't really showing any signs of moving the rest of his stuff in. He had been there the entire month, but I could see there was a hesitation still.

[00:05:55]Um so I asked him, you know, is is this really what you want in this relationship? And he was like, "No, not really."

[00:06:03]So I was like, "All right, well then, you know, we gave it a try.

[00:06:07]Let's just go our separate ways."

[00:06:10]And was he Was he upset? I don't know. I didn't see him. Um that was the last time I've seen him. Um the following day, since he was on my cell phone plan, um I had looked at his cell phone calls, and he had sent like 30 text messages to a woman that we had had discussions about prior. Oh.

[00:06:32]>> I suspended his phone. What Without reading the texts? No. I You don't need to be sending someone 30 text messages, and >> But didn't you want to read the texts? I had no way to read the texts.

[00:06:43]>> Oh, honey. I know. It's your phone.

[00:06:47]Well, >> plan. Listen, there's only one reason that a woman puts a man on her plan.

[00:06:51]>> [laughter] >> It's not to help him out financially, it's to have control.

[00:06:55]So all you got to do Who's your provider? I have Verizon. All you got to do is call Verizon and tell them you need to transfer >> but did it really matter what they said?

[00:07:03]You know, the fact that he sent >> I'd love TO SEE IT.

[00:07:06]I DID ask him. I am not AS PATIENT A WOMAN AS YOU ARE. I WOULD LOVE TO SEE IT. SO All right, so you see that and you figure out this is why he's uninterested, and then So I suspended his phone.

[00:07:18]He did contact me, and I I kind of felt bad because he does have a son, and if something happened, that's really the only way >> it?

[00:07:26]>> I did.

[00:07:27]>> [laughter] >> I did. But I said, "You've got 2 weeks to take to get your phone off my plan."

[00:07:33]And at the end of 2 weeks, when he had gone to the cops about his ring, because he wanted his ring back, I wanted my money back. We were kind of in a standoff. Um it was at the end of my billing cycle and I said, "You know what?

[00:07:48]That's it. I'm done." So, I suspended his phone again.

[00:07:52]And now I'm subject to a $240 cancellation fee.

[00:07:56]>> the the proof of the cancellation fee on you?

[00:07:58]>> canceled yet. You said I'd have the $240 to cancel. So, technically I had to unsuspend it because you can only suspend it for a certain amount of time.

[00:08:06]So, actually the phone is still active right now.

[00:08:08]>> I need to see proof that you're being charged $240. How are you going to prove that? I have my bills from his phone being on this plan.

[00:08:13]>> I need is proof of what you're saying. I need proof of the $240. Do you have a letter from Verizon? Do you Because there's different amounts to cancel depending on how far into the contract >> I have on here on here how long he had left on his plan and it was based on that.

[00:08:27]>> do have so that I can try to figure it out. So, you're suing for the phone bill that he didn't pay because at that point he hadn't paid 2 months, right?

[00:08:33]>> paid 2 months.

[00:08:34]>> You're suing for the cancellation fee.

[00:08:35]You're suing for rent >> You're suing for rent for September?

[00:08:40]September for the month that he uh he had said he was going to live there. Is How much is your rent?

[00:08:47]>> Uh my mortgage is uh 2,700.

[00:08:51]But he was only paying 700? Correct.

[00:08:53]Okay. Tell me about this medical insurance that you're suing for. Um as part of my company, I'm allowed to insure my domestic partner.

[00:09:01]Um and the premiums um what I charged him was the difference between what I paid normally for me and my children.

[00:09:11]And then when I added him, the difference was the $50 uh every paycheck, every 2 weeks. Okay. Um so, that's what I paid.

[00:09:18]>> him at any time? Yes. So, why didn't you just drop him? To be perfectly honest, I knew he had an appointment in in November and I I felt bad.

[00:09:27]You felt bad for the guy who who was who was stepping out on you? I know. I know.

[00:09:33]>> What happened here? Where do you want me to we I don't even know.

[00:09:37]>> [laughter] >> Um on the 2nd of October we broke up.

[00:09:40]Who broke up with who?

[00:09:42]We both decided it wasn't going to work.

[00:09:44]Were you stepping out on her with this other woman?

[00:09:45]>> Not at all. She was a business acquaintance. Um so why'd you text this girl 30 times?

[00:09:51]We were talking about business.

[00:09:53]Um she says that you owe her rent for September. Correct. Okay.

[00:09:57]>> But I didn't leave >> Did you owe the phone bill that she says you owe? Yes, I do. Okay. And what about the cancellation fee? Why wouldn't you owe that? Well, the day she canceled my phone the 2nd that night I do a lot of business online. I need my phone. The 3rd I went out and got another phone.

[00:10:13]>> your bills. You hadn't paid your bills for months.

[00:10:16]>> Well, we got in this fight in October.

[00:10:18]So I only owe her for [laughter] September.

[00:10:19]>> what do you think the the woman's going to do with your phone bill when she sees 30 texts to a girl she's already been telling you she's concerned about and you're 2 months behind in paying? Well, this this thing started and this court thing started. So I was waiting till get to court. She has a ring of mine. All I wanted was the ring back and she would have got her money. She was blackmailing me for my >> you talking about? Why don't you give her her money and then you get your ring? She's blackmailing you.

[00:10:41]And then you wanted the ring back and not not only the ring, she had a bowling ball, Oh, yeah. and you gave him the bowling ball back. Hold on. Hold on.

[00:10:48]Hold on. I gave him the bowling ball back No. No. No. No. No. [laughter] Listen, cuz I read all the Facebook messages back and forth, right? Are those texts or Facebook messages?

[00:10:56]>> Facebook.

[00:10:57]>> Facebook. Oh my lord. I love Facebook.

[00:11:00]You mean to tell me >> it's it's great. It's it's horrible for my children because any stupid thing they say is out there, but it's fabulous as a judge because any stupid thing you say is out there.

[00:11:15]I didn't see that it You say, "I didn't see the deposit. Please do this before our call with Verizon." What deposit?

[00:11:22]Um to put his phone to switch his phone.

[00:11:25]I I was going to hold the phone until he paid me my money. You do you What do you mean? You You the payment?

[00:11:30]What do you mean by deposit?

[00:11:32]>> to give me the money he owed me. For the phone. Okay. Yeah, give me the money that he owed me. And then he says, "Don't blank with me. You make the call, I'll make the deposit. I'm done blanking around. I'll get a new phone tomorrow and my stuff Saturday."

[00:11:45]"I'm sorry, but you've been dictating this relationship since day one. I will pay you after the phone is switched over."

[00:11:51]And you say, "Blank you."

[00:11:54]>> [laughter] >> "No way, then you get nothing back and no number." I just wanted my ring. "It's my stuff, I'll get it back."

[00:12:02]"Not without my money."

[00:12:04]>> [laughter] >> "Okay, and if I don't have it by Saturday, I'll just shut it off again, no big deal. You get nasty when you drink."

[00:12:11]I wasn't drinking that night.

[00:12:13]He says, "I'm not drinking."

[00:12:16]Okay.

[00:12:18]You have some ring of his and you're holding it hostage. Why? Cuz he hasn't paid you. Yes. Correct. Okay. It was a mutual exchange.

[00:12:24]>> ever get involved? Yes, they called me.

[00:12:26]And what happened? Uh I told them the same thing. He'll They'll get his ring when I get my money and they said, "Well And they didn't say to you, "No >> said it was theft. They said, you know, you could it could be considered theft.

[00:12:36]He thankfully didn't press charges or he would have his ring and I'd be here without having his ring and silver bracelets?

[00:12:45]All right.

[00:12:46]What about this medical insurance stuff?

[00:12:48]Have you made any of those payments in order to have medical insurance? As soon as I get my ring, yeah. I've paid her in the past at at monthly. You didn't pay her in September, you didn't pay her in October. You have appointments you're going to. Right. And you're using these Why would you not pay her? Well, she's going to get the money. I just want my ring.

[00:13:00]>> it does You're not understanding it.

[00:13:02]>> No, I'm not. I'm sorry.

[00:13:04]Welcome back to The People's Court, Harvey Levin here. So, suppose [music] that you guys are getting divorced and you have a 7-year-old son and you want to be near the son, would you ever move into the same house and stay in the same house, rather, with your ex in order to be close to the kid? Would you? Yeah, for sure.

[00:13:21]And you would start dating other people, no problem? Yeah, no problem as long as both parties are happy with that.

[00:13:26]Are both parties ever really happy with that? Probably not, but I would be.

[00:13:29]Okay, what about, you know, staying in the same house, dating other people, you're watching your ex-husband date other people. Would you do it to be close to your kid? Absolutely. You could coexist under the same roof. I think so.

[00:13:41]Really? Yeah.

[00:13:42]Who couldn't?

[00:13:44]I couldn't. As I'd let him date, but he couldn't bring her home. Oh, good. Okay.

[00:13:50]Thinking. Thinking. Going inside the courtroom.

[00:13:53]>> Do you understand that all she had to do to be vindictive, not even vindictive, all she had to do, she had a perfect right to do is cancel you?

[00:13:59]>> Yes, I do. And then you'd have no insurance. I I I understand that.

[00:14:03]Clearly not, or you would have paid September and October and November.

[00:14:07]Because a normal woman would have canceled [clears throat] you.

[00:14:10]So, I'm I'm just sort of wondering why how you think the way you think.

[00:14:13]>> Well, September I paid in October.

[00:14:16]Right.

[00:14:16]>> But I just wanted the ring back. So, when I got the ring, I would have given her the money.

[00:14:19]>> going to give her the insurance money.

[00:14:21]It's not like you're giving her something to turn over. You're giving her something to pay for you for your insurance. I owe it to her. I I owe her the money. I just want my ring back.

[00:14:28]>> just cancel this guy and let him float on his own? When is he ever going to grow up if you don't? Sometimes >> Why are you such an enabler? Why do you pick men like this? Sometimes the heart and the head aren't in the right >> No, but stop. Is this a pattern with you? No. No, the heart and the head just weren't in the right on the right page.

[00:14:45]I mean, I understand, you know, you're infatuated. You're But this is eight years of this. I know. So, how you know >> But we'd always gotten back together, and I guess there was something in me that thought, you know, at the time That thought what? If you want insurance, you got to pay for it.

[00:15:01]>> I asked for it.

[00:15:02]>> didn't you just cancel him? That's why I filed.

[00:15:07]Did you actually use the insurance in November? You actually went to doctor's appointments in November?

[00:15:12]Yes.

[00:15:13]Have you canceled him now?

[00:15:14]>> paying her, your honor. I just wanted I planned on paying her. I just wanted the ring back. I just wanted a mutual exchange. It was simple as that.

[00:15:20]>> No, it's not simple. It's anything but You're also suing for some sweater from Paris for your daughter. What's that?

[00:15:26]You just added that today?

[00:15:27]>> no. When I was on my business trip, I bought his son a sweatshirt from Paris.

[00:15:32]It doesn't fit him, so I had asked for it back. Um I just don't want him using it as a dust cloth if my daughter can use it. I mean, I would like to get it back. To but why?

[00:15:41]That's a gift you bought his son from Paris.

[00:15:43]>> fit him. Tough.

[00:15:46]That's silly.

[00:15:50]Is that a good sound for you or a bad sound for you? What sound, ma'am?

[00:15:54]Your honor. That. I don't know.

[00:15:57]>> [laughter] >> Sounds like I'm getting my ring back.

[00:16:01]That's all I wanted.

[00:16:03]Maybe [clears throat] you are, maybe you aren't. You got the ring with you?

[00:16:06]Let me see. You have it on your finger?

[00:16:09]Lady, listen. Cancel the phone, cancel the insurance today. It is It is cancelled.

[00:16:13]>> Okay. The insurance is cancelled, too?

[00:16:15]>> As of today, it's cancelled. Great.

[00:16:17]What's the big deal with this ring? It's a 300 ring from bowling, something I'll probably never do again.

[00:16:26]Did you counter claim for the ring?

[00:16:28]I did when I spoke to people.

[00:16:31]You didn't counter claim for the ring?

[00:16:34]YOU'RE THIS LAZY?

[00:16:35]>> [laughter] >> YOU DIDN'T COUNTER CLAIM FOR THE RING?

[00:16:37]>> realize I had to.

[00:16:38]>> Oh, I You didn't realize that to get the ring back, you have to counter claim for it? I don't know. I've half a mind to just give her the ring back.

[00:16:45]>> [laughter] >> Honey, you want to get rid of the ring?

[00:16:47]>> He can have the ring. I don't want >> Okay, fabulous.

[00:16:49]Unbelievable.

[00:16:51]You owe this lady $1,299.84.

[00:16:56]That's the rent, that's the cell phone bill, that's the cancellation fee, and that's the medical insurance that you saw fit to use. That's my verdict. Thank you. Hold on right there.

[00:17:07]Let's talk to the defendant first. He comes out of the hallway here.

[00:17:10]You have your ring now? Yes, sir. That's the That's the ring. That's your 300 ring? That's all I wanted back.

[00:17:14]>> Okay. This whole long relationship with her, there she is. You had something going for such a long time. This means more to you than all of that? No, no, no, not at all. Not at all. I just, you know, wanted my ring back and she would have got her money.

[00:17:28]Mhm. And what about your history with her? Where does that stand now?

[00:17:32]I don't know.

[00:17:34]You Would you still like to have a relationship with her? I still love her, yes. Well, what do you think's going to happen? No clue.

[00:17:41]All right. Right right that way. Thank you.

[00:17:47]All right.

[00:17:48]Uh being a pushover is not really that charming, you know. I mean, it's not that cute really that you allowed him to walk over you like that.

[00:17:55]I know, but I love him.

[00:17:57]Did you hear what he just said? I did.

[00:17:58][laughter] It breaks my heart.

[00:18:01]>> [snorts] >> You loved in the past tense or I'll always love him.

[00:18:05]He'll always be a spot.

[00:18:08]What is it about the two of you? I don't know.

[00:18:10]>> [laughter] >> I don't know. The head and the heart just don't always agree.

[00:18:14]I know in my head it's wrong, but the heart wants what it wants.

[00:18:18]Okay, let's go to Harvey. Okay, I got to tell you something. I've done the People's Court for a long time. I mean, I may look 22, but I'm not. And I'm I will tell you clearly that if you become a cash register to the other person in a relationship, especially at the beginning, if you become a cash register based on what I've seen in the People's Court for many many years, this relationship will end badly. That will do it for this case. Litigants for the next case are on the way into the courtroom right now.

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[00:20:17]This is the plaintiff, Andrew Chip Stern. [music] He says he rented a taxi from the defendant and gave him a $1,000 deposit to cover damages. And after he's returned [music] the cab, he can't get his deposit back. The defendant's a real wheeler-dealer, but he's not about to let anyone, not even the defendant, wheel and deal him on anything. He's suing for $1,000, the amount he's owed and [music] not a penny more.

[00:20:46]>> [music] >> This is the defendant, Cliff Adler. He says he can't believe the plaintiff is suing him for the return of a damage deposit because the guy had two accidents >> [music] >> six weeks apart. In fact, he tried to hide the second accident from him. You learn from your mistakes. He'll never rent out his cab again and is now out six grand of his own money due to the plaintiff. Oh him is a deposit back?

[00:21:09][music] Oh, right. Ar ar ar He's accused of holding on to the cash.

[00:21:22]All parties please raise your right hands. Andrew Chipstern, you are suing Cliff Adler Yes, ma'am. for $1,000 a security deposit that he has of yours that he refuses to return. Explain the relationship between the two of you.

[00:21:35]Well, uh the relationship was he's an individual medallion owner. A medallion is what? Um the right to have a yellow cab on the road in New York City. Right.

[00:21:47]Okay. And that's a very valuable right, right? Like that's hard to get.

[00:21:52]It's not hard to get, but it's expensive. It's expensive. What's a medallion worth?

[00:21:56]Um last time I heard it was um over $600,000.

[00:22:00]>> Over $600,000. Okay. So, you have a yellow cab on the streets of New York City. And you wanted to be able to do what? Well, I was leasing the cab from him weekends, Friday, Saturday, and Sunday. Okay. And is this a cab that you uh lease out the rest of the week to someone else or you're driving [clears throat] it?

[00:22:17]>> I drive. Okay. So, had And but you weren't driving it 7 days a week? No.

[00:22:22]All right. So, he comes up to you with this idea and you're going you're going to pay him how much to rent it? Well, I paid him a premium over the going rate for what a Friday, Saturday, and Sunday shift would be. So, Why? Why? Because uh he had a nice cab and because I only wanted to do it >> So, how much were you paying him? I paid him $500 every weekend. Okay. So, you agreed to pay $500 and you in fact you signed an agreement, right? We we signed an agreement.

[00:22:51]>> the agreement? I authored the agreement.

[00:22:53]>> it. Okay, can I see the agreement? Yes.

[00:22:56]Give it to her, sir.

[00:23:00]Okay. So, at issue is this clause. As part of this agreement, Stern agrees to give Adler a check for $1,000 representing a refundable deposit on 3A96. What's that, the medallion number?

[00:23:11]>> 3A96 is the medallion number.

[00:23:12]>> So, then what happens?

[00:23:14]Well, what happens is I drove for Cliff from I think it was February 10th to July 1st of 2012.

[00:23:25]I would take the cab home and I would take it on Friday.

[00:23:29]I would garage it rather than park it on the street on Friday and Saturday.

[00:23:34]>> Okay, I know about all that, but then what happens? There's an accident. Tell me about the accident.

[00:23:37]>> Yes, what happened was there was a gas station on 187th Street and Broadway.

[00:23:42]>> the first accident? Uh that's the first accident that I was responsible for.

[00:23:48]>> me the first accident that happens with the cab.

[00:23:49]>> accident occurred on Friday, [snorts] May the 4th in Williamsburg. Okay.

[00:23:54]>> I was handling a credit card transaction and it wasn't going through. And a young man was trying to maneuver around me and he misjudged and he rear-ended the car and put a ding in the left bumper. Okay.

[00:24:09]>> At that point, I pulled the car over, exchanged information with him, a policeman showed up, and the young man indicated he didn't want to deal with an insurance claim, and he said he would be good for covering the damage. How'd that work out? It took care of it. Oh, he did? Wow, I didn't expect I know that's a first.

[00:24:29]>> How much was it? Uh $1,600.

[00:24:32]>> And did you get it fixed with the $1,600? I did eventually, yes.

[00:24:36]With that $1,600? Or did you wait for the second accident? I actually waited till the second accident.

[00:24:40]>> Okay, so hold those $1,600. Then what happens?

[00:24:43]>> Uh well, that is not true, Your Honor.

[00:24:45]Which part? Uh any of it. Uh he didn't get $1,600 from the guy? He got $1,500 from him to cover the cost of the accident. Then the following week he got $600 from him to cover the time he lost getting the bumper fixed only leaving out the small detail that he never got the bumper fixed. So basically he leveraged the young man $2100 under false pretenses.

[00:25:15]>> young man from the young man? 2100?

[00:25:17]>> I guess what he said would be 21, yeah.

[00:25:18]>> Okay. So now there's a second accident which happens on what date? That happened on the weekend ending Sunday July 1st. I believe it was that night.

[00:25:29]>> There's a gas station that I used in my neighborhood before I would garage the car.

[00:25:35]And I was basically hemmed in and in trying to back out and get the car out of the gas station, I hit one of the metal extrusions on the gas island and I put a bump in the right rear bumper of the car.

[00:25:49]>> Now at this point had the bumper been fixed from the first accident?

[00:25:52]>> bumper, no, it's never been fixed.

[00:25:54]>> Okay. And so then what happens? What happened was is I called him and let him know that I had put a bump in the bumper and I completed the weekend shift. The Thursday before my next weekend shift Cliff called me up and said that he was going to abrogate uh our lease agreement and that he was afraid that he would not be able to sustain his insurance company.

[00:26:23]>> want to stop the deal with him?

[00:26:26]Yurana, he hasn't said very much that's been the truth so far. So it's a bit hard for me to remember everything that he's just been telling you.

[00:26:33]The reason why I did not file with the insurance, I'm required by the Taxi and Limousine Commission to report to my broker any accident I have. If I don't, I can get in a serious trouble with the TLC.

[00:26:47]This is why anytime I've had an accident, I let my broker know. Whether he contacts the insurance or not, it is is his decision. If he feels he doesn't have to or it's not necessary or we can avoid it, then it's avoided. What he said to me after the second accident was, "In the first accident, the guy paid for it, okay? So, that wasn't that wasn't important." On on on on the second one, uh it didn't happen the last weekend as Chip loves to say, uh it happened a few weeks before then. And on a Monday, I mean, I have to notice that.

[00:27:19]It's not just a little ding as he likes to call it and as he told me on emails, "On my cheap old cab" or whatever it was when he wants to disparage the cab, it's a Lexus hybrid and it is in beautiful condition, all right? Do you have a picture of it? Not with me, I'm sorry, ma'am. Do you have pictures? Yes, I do.

[00:27:36]Oh, can I see it? So, you ended up paying how much to fix both accidents because it was all mercifully it was the same bumper.

[00:27:42]>> The shop I went to was You know what?

[00:27:44]>> Luckily, you had it fixed the first one.

[00:27:46]>> had to be changed, body work had to be taken out, the paint has to be matched up to the body and the bumper.

[00:27:52]>> The whole thing cost me a thousand or a little over a thousand dollars from the body shop. Uh that's a picture of the car before the bumper was damaged.

[00:28:00]>> blondes with you hanging all over you?

[00:28:02]Who are they? Uh they were some friends I made from Australia. The lady on the right is uh right isn't it? The lady in the night?

[00:28:10]The lady in the night.

[00:28:11]>> of the night? What was it you said? That that was I misspoke.

[00:28:15]>> A Freudian slip? You meant the lady on the right?

[00:28:17]>> I'm afraid so. They were passengers from Australia where I helped them find a hotel they didn't have an address for.

[00:28:24]Okay.

[00:28:25]But that illustrates the car before the damage to the right bumper.

[00:28:30]The the damage to the left of the bumper.

[00:28:32]>> is the damage to the right?

[00:28:34]May I address some things that Mr. Adler said?

[00:28:37]>> No, cuz I'm I pretty much have got it.

[00:28:38]Now, this thousand dollars, is this a dent in the right quarter panel or no?

[00:28:42]>> see from here, ma'am. No, but I mean, do you know Was there damage to >> Oh, oh There was Wait, was damage to something other than the bumper? The quarter panel on both sides, both quarter panels were hit. And the and the bumper. Yes, ma'am. All right. Now, you got all of this fixed for how much? A little over a thousand dollars. What?

[00:29:00]Let me see the the receipts of how of what it cost to get it fixed. And you did not go through insurance to get all of it fixed.

[00:29:07]>> In the end, no. In the end, you ended up just paying >> my broker, yeah. You got paid like so much more than you deserved to get paid by that poor young sucker who was desperate not to claim it in his insurance. He must have been driving without insurance and didn't want to get in trouble for him to have covered that other accident. You get twenty-one hundred dollars and pocket that. Okay.

[00:29:28]Um you know, I you call that fraud, but it's not really fraud because, you know, he managed to convince this poor sucker that that was twenty-one hundred dollars worth of damage when we both know that double that damage was nine hundred dollars worth of damage.

[00:29:41]So, [music] generally speaking, are cab drivers good drivers or bad drivers? Um in my experience, I would say they were bad.

[00:29:49]>> Because? They're I mean, if I need to be somewhere fast, they're super aggressive, which is helpful, but it's kind of scary.

[00:29:54]>> Super aggressive, which is helpful. What do you think? In my experience, yeah, they're fine. I find because? I just haven't had a bad experience yet, so.

[00:30:02]Okay. Who's had a smelly experience?

[00:30:05]Yeah, that's what we've all had. Going inside the courtroom. I have to decide one thing and one thing only. How much of the bill that you ended up paying for repairing the Lexus should be his responsibility on the accident that was his fault. Okay, cuz the first one he's completely exonerated of since you collected from somebody else on it four times what it's worth. Um so, I find that to be half, four hundred eighty dollars and fifty cents. And therefore, I'm going to order you to return to him from the security deposit five hundred and nineteen dollars and fifty cents.

[00:30:36]That's verdict for the plaintiff. That's my ruling.

[00:30:43]The judge rules that the plaintiff is entitled to some of his security deposit back. Here's the defendant right here.

[00:30:48]What What's your reaction to the outcome of this case here? Um very disappointed. He doesn't seem like a very good driver. What are you doing?

[00:30:56]That's I I just said I had enough. I said, "Look, this is I can't I can't afford to go to sleep at night." You know, I told him on the phone when I said, "I can't afford to keep you anymore cuz I can't afford to go to sleep at night."

[00:31:04]>> how good a driver is before you lease your He's beautiful cab >> He's not a kid. He's been He's been doing this his whole life, so uh uh All right. Will you ever lease it again to anybody? No, I don't see so, no. All right. Head Head Head right around the corner, okay? All right, good luck to you. All right, so here comes the cabbie out here. Step right in here next to me.

[00:31:21]Turn this way. What's your You got some back, but not everything. Well, life is like that sometimes, isn't it? Uh Mr. Adler is a little disingenuous with his claims. He claims I damaged the car and didn't tell him for a few weeks, which is not true. Do you Do you talk like this when you're when to your affairs?

[00:31:41]Yes, I do.

[00:31:42]>> You talk to them? They find it very entertaining, sir. Harvey. Okay, you know what? This is a very simple point.

[00:31:48]When you sue and you win and you're entitled to damages, damages are supposed to make you whole, put back in the position you would have been in if the other party did the right thing.

[00:31:57]They are not designed to give you a windfall. That will do it for this case.

[00:32:01]Litigants for the next case on the way into the courtroom right now.

[00:32:07]>> [music] >> This is the plaintiff, Maria Scarcella.

[00:32:11]She says she and her brother hired the defendant to pave a sidewalk and driveway around his home, and after 6 months the sidewalk was chipping and flaking. The flimflam sidewalk man promised to come out and fix it, but didn't. And after paying him $42,000 for the job, she wants him to give back 3,500 [music] so she can get the repairs done right.

[00:32:41]>> This is the defendant John.

[00:32:43]>> [music] >> He says the plaintiff was very happy with the work he did. And when she complained of some holes after the first winter, he came back and patched them free of charge. Now, all this time [music] later she's claiming she's not happy with the job and wants an entirely new sidewalk. Come on. He's done all he [music] can do. So, now it's in the judge's hands.

[00:33:03]He's accused of not cementing his deal.

[00:33:10]All parties, please [snorts] raise your right hands. Maria Scarcella. Yes. You are suing John. You've asked to be referred to only by your first name and not to mention your company name. You're suing John's company for $3,500.

[00:33:22]The estimate that you have to redo a sidewalk that you say he did in a faulty fashion. Tell me what happened.

[00:33:27]>> Yes.

[00:33:28]Um basically, my brother had hired John to do pavers, a sidewalk, um other brick work around the house. But my brother unexpectedly passed away in March of 2008. I'm sorry to hear that.

[00:33:44]Thank you.

[00:33:45]Um so, I put the job on hold till about 8, 9 months later when I was ready to revisit the job. Um in the interim, my mom and I moved into his house and um I wanted to execute his my brother's wishes.

[00:34:02]So, I contacted John and um we started the work December of '08.

[00:34:08]Okay. What was the work? We had to do the whole entire driveway. We had to do some work in the back, fix the waterproof, do some stuff around the house. No, no, I I I I If I If I want to know what the work is, things like stuff around the house, some work in the back is not an answer. I want to know because it was kind of It was a very good contract for you, right? How much was this? Uh close to 42,000.

[00:34:30]>> $42,000. So, I'm trying to understand what the work was. Exactly what was the work?

[00:34:34]>> to do a whole new sidewalk, curb, uh How many feet of sidewalk? About 40 ft, 40 by 4.

[00:34:41]Uh-huh. Then we had to build a a ramp with a new set of stairs.

[00:34:45]We had a fix our old staircase, repoint it. We also had to repoint the whole front of the house, waterproof it. We also did some cobblestone work, which is a natural stone.

[00:34:56]Pretty much all around the property.

[00:34:57]>> of it?

[00:34:58]Um I I have a picture of the um >> No, I know of the sidewalks in question.

[00:35:03]I'm just curious if you have a picture of the other work. Yeah, no. Do you?

[00:35:06]>> I have some most of the sidewalk, but mainly from you know, I have a piece of the driveway. Okay.

[00:35:11]All right. So, the work is completed back in sometime in '08, '09.

[00:35:16]And um when is the first inkling that you have that there's something wrong and that you want him to readdress it?

[00:35:21]Um That was the year we had really bad snowstorms. It was like snowstorm after snowstorm. So, spring of '09 when everything melted, I noticed the sidewalk was chipping.

[00:35:33]And everything else was fine. And I'm I'm content with the other work. The pavers are beautiful. The ramp, I actually added that work for the ramp because my mom had Parkinson's disease and she couldn't do she needed a ramp.

[00:35:43]So, I even added more work to the original work. Right.

[00:35:46]>> Um so, the sidewalk just started chipping. And but the ramp, no. And he specifically told me do not throw rock salt, which I did not.

[00:35:54]Um I threw down the the calcium uh chloride, the the ones he said that were safe for the cement and everything.

[00:36:04]So, um and it just kept chipping and chipping.

[00:36:07]Is this what we're talking about?

[00:36:09]Correct. So, God, that's so weird.

[00:36:12]The chipping I have uh the chipping here. And that's what it What causes this? That's from the when the in when it's very icy snow, the salt come the trucks come around and they spread the salt. So, that hits that hits the sidewalk. And once the salt rock lays there after a while, salt will the will eat through anything. So, you're you're talking about the city trucks? Correct.

[00:36:34]What's the cost to put in a new sidewalk for those 40 ft? Between 1,500 to 1,800 hours. Depending what the uh you know, who's doing it.

[00:36:43]And but you've got an estimate for 3,500? Cuz I'm using another company.

[00:36:48]>> I know you're using another company.

[00:36:49]Obviously.

[00:36:51]Um and he actually said when I told him I wasn't happy with it, he said okay, I'll do it for you at cost 1,600. At cost 1,600. And at first, I agreed. I don't know why. I shouldn't have. And then I thought about it and I was like >> Sometimes you're just tired. That's why.

[00:37:07]I guess. You know, I I I just wanted I just >> Just wanted it over and done and right.

[00:37:11]>> Exactly.

[00:37:12]>> Yep. Exactly. And I didn't want it to have to come to this.

[00:37:15]Um and then I'm like, wait a second. You know, and then I I go back to the you know, original invoice. This is a $42,000 job. And like I said, I'm happy with the pavers. I'm happy with the ramp. The ramp has no chips. If it was rock salt >> But the sidewalk should last a lot longer than No. Exactly. But what about what he's saying, which is hey, it's not my fault. It's nothing defective in the sidewalk. It's the you know, the salt that the city's pouring.

[00:37:42]>> Then then why did he agree to do the work in December? I even said to him, is it okay to do the work in December?

[00:37:47]Yeah, don't worry about the concrete >> Well, no. Does that have Okay, wait a minute. Let's find out what you're saying. What is your testimony that even whether you do the work in December or do the work ever, that salt is going to eat through the cement or only No, it doesn't matter. Correct. So, in other words, the next next Christmas it was going to be the same problem.

[00:38:03]>> Also, you're on it. But why doesn't everybody's sidewalk look like that?

[00:38:06]Exactly. Shouldn't everybody's sidewalk then look like this?

[00:38:09]>> Also, the with a ramp, it was also concrete. And there was nothing wrong with the ramp.

[00:38:13]>> what I just asked?

[00:38:15]What was that?

[00:38:16]>> Why doesn't everybody's sidewalk in Staten Island look like this? Most of them they do, you are. Most of the sidewalks in Staten Island look like this.

[00:38:23]>> I I looked at my neighbors. I even walked around. I saw beautiful concrete work after we had major snowstorms. Salt will lead to anything, Yaron.

[00:38:34]Court [clears throat] in recess.

[00:38:35]So, the cement is chipping after 6 months.

[00:38:38]Is it a bad job? [music] I Yeah, absolutely. It's a bad job. They need to redo it.

[00:38:43]>> Bad snowstorm that So, that winter? I understand, but they need to redo it.

[00:38:47]Why? Because of 6 months? Is that the problem here? I mean, no. They just did a bad job. Why do you say Why is it Is it automatically a bad job if it starts chipping after 6 months? Yes.

[00:38:57]Too short of time? Yeah.

[00:38:58]>> Everybody agree? Everybody agree?

[00:39:01]We're cool? Depends what was told before he did the job.

[00:39:04]If you said it wasn't going to go >> Yeah, I'm going to do a really crappy job for you, sir. I don't think so.

[00:39:09]Going inside the courtroom. I uh did a little research into what causes this kind of concrete pitting. Your pictures are actually much worse than hers.

[00:39:16]Um and um there's, let's say, maybe 10 reasons, nine of which have to do with the contractor. The only one that the contractor can say, "Hey, it ain't me." is the salt issue.

[00:39:32]She is very clear that she never put the kind you you said don't don't put. I am sure you tell your customers don't >> I do, yes.

[00:39:39]>> Yeah, so I and I know you do cuz she says he immediately told me and I would never use that. So, you say, "Well, maybe it's the city." The city doesn't de-ice your sidewalks. The city de-ices the street. But, maybe some of it spills on there. Well, if that's the case, I want to see how all of Staten Island has this or a lot of Staten Island has this.

[00:39:55]And a lot you know, I I think that it's fair to say that this is not how Staten Island looks. Staten Island may have its problems now over Hurricane Sandy, but it doesn't have its problems over concrete. And the concrete issue The concrete issue is usually due this kind of pitting. The usual culprits are the poor the concrete the excessive accelerator used when you're trying to do it in the winter and avoid bad weather that is on the horizon. Anyway, I am uh when you tell me, "Oh, it costs $1,500 to do that." That's interesting cuz you told her that your cost your cost um and you'd eat the labor was $1,500. So, it can't possibly cost her $1,500 to get this done.

[00:40:35]At least not here in New York. How many estimates did you get?

[00:40:39]I got >> Um no, not you. I'm sorry. Um I just have one.

[00:40:42]>> estimates?

[00:40:43]I did. I had to people go by to get a give a rough estimate of this what the sidewalk cost is, yes. Oh, can I see your estimates, too? Wait, whose estimates are these? Frank's Masonry.

[00:40:53]That's mine. Oh, and One Masonry and Tony Masonry. Correct. Those are all yours. What are your estimates? Let me see your estimates.

[00:41:00]>> I just sent as as a Kappa. Okay, let me see that. Who was highly recommended and a friend of mine uses him and that's why I want to go with him. Right, I understand that, but I have to figure out what the um fair market value of this job is as opposed to just um the guy you want to go with if he's twice as expensive. I do, however, have a concern that if you tell her that you'll do it at cost and she has to pay $1,600 that then you just got your buddies in the business to say it's $1,400. The way it goes, Your Honor, is in Staten Island it goes by the square foot. Uh normal square foot goes from uh five to seven dollars, eight dollars, you know.

[00:41:37]>> I know, but here's where my problem lies. I don't I don't know if I trust you. If you tell a customer that your cost is $1,500 and then you're showing me, you know, "Oh, look, $1,400 is what it costs." Why are you telling a customer that your cost is $1,500?

[00:41:49]Because that means you're not making profit. I'm So, if if it's true that your cost is 15 or 1600 I want to what what did he say he'd do? "I'll do it at my cost." He'd do it at my cost uh $1,600.

[00:41:58]>> $1,600 and that means that you're forgoing profit. That means that the real cost is supposed to be, you know, double or something. So, why is it that her quote is so bad? And why is it that your quotes are lower than what you claim your cost was? So, now I don't trust you.

[00:42:12]>> when I do when I go to get the sidewalk permits, I have to pay other people to get the permits.

[00:42:17]That, you know, that, you know, pay this, pay that, that adds up. Yeah, how come it doesn't add up for the other guys? I have no idea how the other guy works, your honor. Yeah, I do. What happens is your friends in the business and you ask them to give you lowball.

[00:42:28]And then what I watch for on that side is one estimate instead of three, and the one estimate is highball. I I You You guys think you're my first rodeo?

[00:42:35]You're not my first rodeo. I do this all the time.

[00:42:38]All right, guys. To be honest >> stop. We're done. We're done. We're done. I find in favor of the plaintiff and I find in favor of the plaintiff in the amount of $3,000. That's my judgment. Good luck to everybody. Thank you, your honor.

[00:42:54]Here's the way to win this case. Take pictures of other sidewalks on the block and show [music] they look better than yours.