I can't find the original archived thread on this topic so I will provide the background first and then update the status;
Elana Elbogen filed a lawsuit against Posy Floral Design Studios in New York state court. In short, she and her husband were unhappy with their weddings’ floral arrangements, which cost $27,435. She’s asked for $400,000 in damages.
The 19 page complaint is linked:
http://online.wsj.com/public/resourc...B_chip-fax.pdf
The attorney for the florist has submitted a reply to the complaint; highlights follow:
The florits asked for sanctions against Glatt for filing a frivolous and malevolent lawsuit.
A groom-to-be allegedly had no involvement in the floral arrangements! The florist claims that Ms. Glatt’s husband David had zero dealings with them, so he shouldn’t be a plaintiff in the case.
Ms. Glatt and her future mother-in-law allegedly disagreed on the floral arrangements! “The instructions and directives issued by both the Plaintiff, Elana Glatt, as the bride to be, and Plaintiff, Tobi Glatt, as the customer who paid for hte flower arrangements and floral design fixtures and installations, were often in complete or significant contradiction to one another.”
Because Herbert Glatt, MD, the father of the groom, allegedly paid for the flowers, “Insofar as Elana Glatt was not the customer to the business transactions with the Defendant, Posy Designs, but only an authorized liaison of Tobi Glatt, the Complaint herein fails to state a cause of action on behalf of the Plaintiff, Elana Glatt.”
“Defendant, Posy Designs supplied Plaintiffs with flowers, consisting of pink calla lilies, green roses with red/pink rims, two-tone green with rust rimmed hydrangeas and two-tone orchids in a shades of fuchsia and pink,” as Elana requested, the answer says. These requests differ from the “sample arrangement” conceived of and provided to Elana.
“It is the common understanding of all reasonable floral design customers that the selection of flowers will inevitably be subject to a nautral and familiar degree of variation that are intrinsic to flowers that make them desirable and unique.”
Elana and her future mother-in-law made so many last-minute changes, the answer says, even “up until the final few hours of the latest possible date that Posy Designs was able to place flower orders for Plaintiff’s wedding event that were known and expected to be imported directly from Holland.”
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