A $1.25 million lawsuit over a used piano purchased 17 years ago for $9,000 has hit a sour note with a judge who demanded that the plaintiff’s attorney "articulate some good faith basis" for the sought-after damages or face sanctions. "Is it a reasonable application of the privilege to practice law to serve a complaint upon a person, in these circumstances, and stun the recipient-defendant with damage claims beyond the universe of those which logically follow the alleged breach? The Court thinks not," Suffolk County Supreme Court Justice Jerry Garguilo (See Profile) wrote in Palmieri v. The Piano Exchange, 26662/2010.
The March 5 ruling arises from Paul and Karen Palmieri’s 1996 purchase of a rebuilt, refinished Weber 6′ grand piano from The Piano Exchange in Glen Cove. The agreement’s terms called for a "rebuilt and refurnished-matching bench-guaranteed indefinitely parts and labor." The lawsuit includes allegations of breach of contract, deceit and breach of the covenant of good faith and fair dealing. The cited damages are 138 times the purchase price of the piano.
