Hammerstein v. Potamkin Cadillac Corp.

OPINION OF THE COURT

Herbert A. Posner, J.

This is a small claims action by claimant, Hammerstein, for improper and unauthorized auto repairs made by defendant, Potamkin Cadillac Corp.

Plaintiff testified that after her car "stalled out” a number of times, she took it to her dealer (the defendant) on August 26, 1978 and asked the service manager, a Mr. Armetta, to check the problem out. She returned the next day and was given a bill for $261.90, which had to be paid in cash before her car would be returned to her. Defendant’s witness, Mr. Armetta, the service manager, testified that he called…