Brooklyn Union Gas Company v. Jimeniz

371 N.Y.S.2d 289 (1975)

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Nature of the Case

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Facts

P alleges entering into a contract with D on or about June 15, 1971, for the delivery and installation of one 400 Economite Gas Conversion Burner, one L400G-A Aquastat, one P404A Pressuretrol, one Backdraft Diverter. P claims that pursuant to the contract the payments to be made by the defendant were deferred for 12 months and that the above items upon delivery and installation had a one-year unconditional satisfaction guarantee. The purported written agreement was presented to D in English only. D only spoke and wrote Spanish fluently, admits to signing the papers introduced into evidence by P but testified that no one ever explained the contract to him. Dalso testified that when he asked for an interpretation of the contract and an explanation of what P's agent, one David H. Mann, said regarding the alleged contract, a woman named Carmen told him to sign it. P never sold or negotiated with D but induced D's tenants to pressure D into signing the contract. Mann had D sign this purported contract at 673 Snediker Avenue, Brooklyn, N. Y., and not at P's main office at Montague Street, Brooklyn, N. Y. where a Spanish interpreter would have been available. D testified that when one month later he attempted to make a payment at the Montague Street branch, and he was told by an employee of P that he need not pay for another year. After one year passed D started to make payments. On or about May 22, 1973, during the second year, D complained that the unit involved was not functioning. P's field repairmen found that a transformer burned out. An order for the part was placed but after discovering that defendant had made no payments past 1972, no further action was taken by P to supply the necessary part. D made no attempt to make further payments. D testified that P's employee, not identified by D, told him if anything ever happened to the unit it would be repaired.