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Lawsuit of the Day: More Floral Litigation

Elana Elbogen Elana Glatt Kelley Drye Warren LLP Above the Law blog.jpgFlowers are pretty. They smell nice. So why do they keep leading to lawsuits?

First we had Leroy Greer's lawsuit against 1-800-FLOWERS. And now we get this, from the AP:

The wedding was lovely, except for the flowers: They were the wrong color.

So says the bride, Elana Glatt, who was so miffed at the florist that she filed a lawsuit alleging breach of contract.

She says Posy Floral Design on East 72nd Street substituted pastel pink and green hydrangeas for the dark rust and green ones she had specified for 22 centerpieces.

Not only that, the lawsuit, which was filed Friday in state Supreme Court in Manhattan, alleges that the hydrangeas were wilted and brown, and arranged in dusty vases without enough water.

The lawsuit says the offenses caused "extreme disappointment, distress and embarrassment."

Every rose has its thorn. Read the rest, including a discussion of damages and an ATL reader poll, after the jump.

So what's Elana Glatt seeking in damages?

They flowers cost $27,435.14. The lawsuit asks for more than $400,000 in restitution and damages.

The florist is interposing the "I never promised you a rose garden" defense:

Stamos Arakas, the florist, said that he and his wife, Paula, tried to match the color of the hydrangeas with a picture Glatt had given them, but explained to her that the colors might not look the same. He said he had many satisfied customers.

"My father used to tell me, 'Don't deal with the lawyers," Arakas said. "Maybe he was right, God bless his soul."

So is Elana Glatt -- who practices as Elana Elbogen, according to the Times, and is an associate at Kelley Drye & Warren (Fordham University, JD, 2002; Cornell, BS, 1997) -- in the right? Or is she just reinforcing negative stereotypes about overly litigious lawyers?

Update: More about the lawsuit and Elana Glatt appears here.

NYC bride sues florist, saying wedding flowers were wrong color [AP via New York Newsday]
A Bride Sues Her Florist Over Pastel Hydrangeas [New York Times]
Elana Elbogen [Kelley Drye & Warren]

Comments
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Posted by guest | Permalink Tuesday, October 16, 2007 10:33 AM

Not today

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Posted by the russian is still in the pine barrens | Permalink Tuesday, October 16, 2007 10:35 AM

27 grand for flowers? Who is she, Johnny Sack's daughter?

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Posted by guest | Permalink Tuesday, October 16, 2007 10:41 AM

A very expensive wedding - reception was at Cipriani.

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Posted by guest | Permalink Tuesday, October 16, 2007 10:46 AM

I have become such a self-hating lawyer over crap like this.

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Posted by anon | Permalink Tuesday, October 16, 2007 10:46 AM

Stuff like this is why landlords don't like to rent apartments to lawyers...

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Posted by Anonymous | Permalink Tuesday, October 16, 2007 10:47 AM

What an idiot. Doesn't she realize how much this will hurt her professionally? And how much it makes her look like a spoiled brat?

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Posted by guest | Permalink Tuesday, October 16, 2007 10:54 AM

I wonder if the vases could have been dusted and filled with additional water? Nah, better to cry a river over it and then sue.

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Posted by Ike Turner | Permalink Tuesday, October 16, 2007 10:54 AM

Where's the groom in all this. He needs to take control of his b***h and smack some sense into this ho.

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Posted by Bad Flowers | Permalink Tuesday, October 16, 2007 10:58 AM

Gee, I had a similar experience. Florist at my wedding used the wrong color ribbon, put big white flowers in the middle of the bridesmaids bouquets and my rose bouquet was wilted before I walked down the aisle. I just stressed about it. Maybe I should have sued too . . . What's the statute of limitations on this stuff?

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Posted by aewaer | Permalink Tuesday, October 16, 2007 11:04 AM

aer

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Posted by guest | Permalink Tuesday, October 16, 2007 11:04 AM

bottom line is, she had a contract, she paid a good deal of money for a product, and the product she received was not the one she had contracted and paid for.

while i can't think of any circumstances in which she should get 400K, I don't think its absurd for her to not want to pay the contracted price if she didn't receive the contracted product.

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Posted by guest | Permalink Tuesday, October 16, 2007 11:05 AM

i dont have a problem so much as i have a problem with the amount of damages sought, seems to me that is where the problem here lies.

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Posted by guest | Permalink Tuesday, October 16, 2007 11:05 AM

bottom line is, she had a contract, she paid a good deal of money for a product, and the product she received was not the one she had contracted and paid for.

while i can't think of any circumstances in which she should get 400K, I don't think its absurd for her to not want to pay the contracted price if she didn't receive the contracted product.

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Posted by Jay | Permalink Tuesday, October 16, 2007 11:06 AM

if you pay 27K for flowers, then you are an idiot.

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Posted by Anon | Permalink Tuesday, October 16, 2007 11:09 AM

Finally, someone is standing up to the Floral-Industrial complex!

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Posted by Annelise | Permalink Tuesday, October 16, 2007 11:09 AM

For 24K, you should get what you wanted. Wilted flowers on your wedding day is inexcusable. There is no amount of money that can give you back your one special day! I feel sorry for her. Even if she was not a lawyer, she should hire a lawyer and sue. If this was a contract for 24K worth of widgets, and they were not delivered as promised, then you all would probably be more sympathetic.

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Posted by guest | Permalink Tuesday, October 16, 2007 11:09 AM

FYI - it looks like Posy ain't no little mom & pop operation:

http://posyflowers.com/
http://nymag.com/listings/stores/posy_floral_design/

I think the bride's $4k settlement offer was probably pretty reasonable - seems to me they were disappointed, possibly jusifiably so, and tried to achieve an amicable resolution, but the fancy-pants florist told her to take a hike. Whether the big splashy lawsuit and attendant press coverage was a good idea? Not so much.

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Posted by guest | Permalink Tuesday, October 16, 2007 11:09 AM

"The florist is interposing the "I never promised you a rose garden" defense."

Lat, you could write nothing else all day, and you'll still be in the win column with this gem.

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Posted by Hahahahahahaha | Permalink Tuesday, October 16, 2007 11:09 AM

I used to work with Ms. Elbogen at KDW. We called her "Party Pants". The reason was that someone uncovered a spread from Mademoiselle magazine about "What is your favorite item of clothing?"

Elana was pictured in her leather pants (yes, leather pants), saying something like, "I just love my leather pants. I call them my party pants. When I wear them, I know I'm ready to party!"

Glad to know she's still able to make an impression.

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Posted by Anon | Permalink Tuesday, October 16, 2007 11:11 AM

So who's the lucky man? She is going to be a peach of a bride.

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Posted by guest | Permalink Tuesday, October 16, 2007 11:12 AM

She was right to file the lawsuit, but she was a flaming idiot for asking for $400k.

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Posted by FLSer | Permalink Tuesday, October 16, 2007 11:14 AM

If the flowers were no good, just give her the 27k. Bottom line: the defense attorneys should have fun with this.

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Posted by i got my party socks on!! Suuhweeettt!! | Permalink Tuesday, October 16, 2007 11:17 AM

thanks 11:09. A girl who has pants she calls "party pants" seems like the type to have 27 grand worth of flowers. Welcome to NYC. Now you know why most men here decide to stay single.

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Posted by guest | Permalink Tuesday, October 16, 2007 11:19 AM

This is the problem with considering one silly event to be "the most important day of your life." If she had a little perspective a) she wouldn't have spent such a ridiculous amount of money and b) when the flowers weren't perfect she would have fixed them as much as she could, let go of the "problem," and had a great party. This reminds me of the dry cleaner/pants lawsuit. . .

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Posted by Justin | Permalink Tuesday, October 16, 2007 11:20 AM

White girls with asian guys (WGWAG)

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Posted by Anonymous | Permalink Tuesday, October 16, 2007 11:27 AM

Wedding Flowers - $27K

Damages sought for wrong color Wedding Flowers - $400k

Being delinquent in your attorney registration while filing a public lawsuit on your own behalf - Priceless

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Posted by Nicholas Kelley | Permalink Tuesday, October 16, 2007 11:28 AM

I would bang her.

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Posted by sucka | Permalink Tuesday, October 16, 2007 11:29 AM

I am sure the partners at kelley drye are not at all convening as we speak to figure out how to get rid of her.

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Posted by guest | Permalink Tuesday, October 16, 2007 11:41 AM

I wonder if the partners approved this suit. And if they did, what were they thinking? And if they didn't what was she thinking?

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Posted by GSB | Permalink Tuesday, October 16, 2007 11:42 AM

Surprised the focus is on attacking her personally... fact is that anyone professional on here would realize that quite simply the florist broke their contract and they probably do this stuff all the time. Good for her for standing up to them and not letting them get away with it! She tried to be reasonable and ask for 4 grand, but the flower store completely blew her off!! And what's the exact price for you feeling like your wedding day was messed up anyway?? - regardless of the reason!! She has every right to be upset!

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Posted by GSB | Permalink Tuesday, October 16, 2007 11:43 AM

Surprised the focus is on attacking her personally... fact is that anyone professional on here would realize that quite simply the florist broke their contract and they probably do this stuff all the time. Good for her for standing up to them and not letting them get away with it! She tried to be reasonable and ask for 4 grand, but the flower store completely blew her off!! And what's the exact price for you feeling like your wedding day was messed up anyway?? - regardless of the reason!! She has every right to be upset!

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Posted by gg | Permalink Tuesday, October 16, 2007 11:44 AM

What is wrong with you people??? She is clearly wrong and its also quite sad that this is what she's focused on after just recently getting married. "She had a contract and deserves to get what she paid for" -- NO! Stop being such asses and act like normal people for once. What is important is being overlooked, and a poor florist who could lose his business over one big lawsuit is the one to suffer. Not to mention that she will spend far more than 27K on this lawsuit if she follows it through.

Get a heart! Some of us lawyers have one.

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Posted by guest | Permalink Tuesday, October 16, 2007 11:44 AM

"I wonder if the partners approved this suit."

Would there have to be a conflicts check for this sort of thing?

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Posted by guest | Permalink Tuesday, October 16, 2007 11:46 AM

Message to store owners: don't F*ck with lawyers. We'll put you out of business

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Posted by guest | Permalink Tuesday, October 16, 2007 11:51 AM

Another NYU d-bag. I wonder if she realizes what a laughingstock she is. I would pack up and move somewhere far away.

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Posted by Broon | Permalink Tuesday, October 16, 2007 11:51 AM

Message to gigantic corporate floral store owners: I won't let you walk all over me.

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Posted by Proof that Money Doesn't = Happiness or Class | Permalink Tuesday, October 16, 2007 11:55 AM

She needs to get a grip. If you let the fact that your flowers are reddish instead of "rust" ruin your wedding/life to the tune of $400k, then you will be a miserable person forever. I am sure her spineless parents spent $400k on the wedding (that is where the figure comes from). The problem is, what good does $400k worth of lipstick do for a pig? I never have trusted a woman with an adams apple.

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Posted by guest | Permalink Tuesday, October 16, 2007 11:55 AM

Anyone else notice how she graduated in 2002 but wasn't admitted until 2004? Third times the charm with that pesky NY bar exam there Mr. Fordam Grad? I agree that a 27k contract suit might have been somewhat believable but 400k? What a TTT of person.

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Posted by Revesz | Permalink Tuesday, October 16, 2007 11:58 AM

She didnt go to NYU 11:51

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Posted by Proof that Money Doesn't = Happiness or Class | Permalink Tuesday, October 16, 2007 11:59 AM

She needs to get a grip. If you let the fact that your flowers are reddish instead of "rust" ruin your wedding/life to the tune of $400k, then you will be a miserable person forever. I am sure her spineless parents spent $400k on the wedding (that is where the figure comes from). The problem is, what good does $400k worth of lipstick do for a pig? I never have trusted a woman with an adams apple.

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Posted by anon | Permalink Tuesday, October 16, 2007 11:59 AM

anyone have a copy of the complaint? please post.

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Posted by Anonymouse | Permalink Tuesday, October 16, 2007 12:00 PM

What a freaking moron. Google "antique" hydrangea and learn:

"Antique hydrangeas come on later in the season and are available from mid-August through mid-October. Antique hydrangeas do not have pure color lines and may vary in tones from shipment to shipment or within the same box or even the same bloom. Antique hydrangea colors include green, burgundy, jewel tones, antique pink, antique blue, antique purple / lavendar, and a mixture of all of the above. Antique hydrangeas can be dried to be used in crafts or wreaths. We are unable to guarantee any patricular shade of antique hydrangea."

Two minutes of reserach would have told Bridezilla, Esq. that no florist could gurantee a specific shade of these things (matched to an email photo no less).

What a lifetime nightmare Mr. Bridezilla is in for.

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Posted by Anonymousse | Permalink Tuesday, October 16, 2007 12:01 PM

What a freaking moron. Google "antique" hydrangea and learn:

"Antique hydrangeas come on later in the season and are available from mid-August through mid-October. Antique hydrangeas do not have pure color lines and may vary in tones from shipment to shipment or within the same box or even the same bloom. Antique hydrangea colors include green, burgundy, jewel tones, antique pink, antique blue, antique purple / lavendar, and a mixture of all of the above. Antique hydrangeas can be dried to be used in crafts or wreaths. We are unable to guarantee any patricular shade of antique hydrangea."

Two minutes of reserach would have told Bridezilla, Esq. that no florist could gurantee a specific shade of these things (matched to an email photo no less).

What a lifetime nightmare Mr. Bridezilla is in for.

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Posted by Not a contracts lawyer | Permalink Tuesday, October 16, 2007 12:01 PM

Perfect tender, bitches!

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Posted by guest | Permalink Tuesday, October 16, 2007 12:02 PM

12:00 PM, nice work - the florists should hire you as their defense attorney.

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Posted by guest | Permalink Tuesday, October 16, 2007 12:04 PM

She offered $4,000 to settle and then sued for $400,000 over flowers worth $27,000.

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Posted by anonymous | Permalink Tuesday, October 16, 2007 12:06 PM

11:17 - A girl who has "party pants" and whines over 27K of flowers is the kind that NYC men keep choosing as brides, and then bitch and moan about when they "suddenly" turn into manipulative selfish spend-your-whole-bank-account-on-clothes Trophy Wives From Hell.

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Posted by guest | Permalink Tuesday, October 16, 2007 12:06 PM

11:55(3): After passing the New York bar, you have a lot of time to file your paperwork for admission. So just because she graduated in 2002 but wasn't admitted until 2004 doesn't mean she failed the bar twice.

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Posted by guest | Permalink Tuesday, October 16, 2007 12:12 PM

Self-righteous brat!

I can tell this marriage is doomed to be part of the over 50% divorce rate.

How irresponsible do you have to be to spend that much on flowers and the wedding? Oh wait...the ONLY thing that matters is how you look to others. Ridiculous.

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Posted by articles editor | Permalink Tuesday, October 16, 2007 12:13 PM

11:43 "florist" is singular, and should not be referenced by the plural pronoun, "They"

How did you get accepted to law school?

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Posted by guest | Permalink Tuesday, October 16, 2007 12:13 PM

She is NOT a trophy wife!!

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Posted by guest | Permalink Tuesday, October 16, 2007 12:13 PM

I can't believe nobody here has thought to make a "deflowering" pun. Come on, people!

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Posted by guest | Permalink Tuesday, October 16, 2007 12:18 PM

She was deflowered by the florist.
Agree with the NYU d-bag comment.
Pity the fool who married her.

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Posted by Lateral | Permalink Tuesday, October 16, 2007 12:20 PM

"Every rose has its thorn
Just like every night has its dawn
Just like every cowboy sings his sad, sad song
Every rose has its thorn"

good memories...

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Posted by guest | Permalink Tuesday, October 16, 2007 12:20 PM

Get a heart for who exactly?? You mean the bride who worked hard on her wedding or the high end florist who screwed her over and wouldn't take her calls afterwards?

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Posted by Terry Tate | Permalink Tuesday, October 16, 2007 12:21 PM

Hey commenters -- there's a wild police chase on Fox news! Time to be excited and riled up and anonymous about something else!

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Posted by guest | Permalink Tuesday, October 16, 2007 12:21 PM

If that's a "trophy wife" you've set your bar mighty low

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Posted by guest | Permalink Tuesday, October 16, 2007 12:24 PM

I love the florists response: "Now I may have screwed her with crappy flowers on her wedding day for $27,000. But I didn't expect her to actually fight back! That's the last time I deal with people who insist on being treated fairly (lawyers)."

If the allegations are true, they should compensate her, not blame frivolous litigation.

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Posted by anonymous | Permalink Tuesday, October 16, 2007 12:34 PM

12:21 - I meant the "trophy wife" attitude (nothing is more important than over-spending on things that don't matter so that I impress others, preferably with dad's/hubby's/male to be named later's money).

WRT looks, ITA that she's not the creme de la TW creme.

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Posted by guest | Permalink Tuesday, October 16, 2007 12:36 PM

Hmmm....well, as ridiculous as paying $27K for flowers may sound to some, this florist is charging $27K. Fine, the colors weren't perfect, but the wilted flowers, dusty vases, cheaper substitutions are all pretty sketchy moves if you're dealing with high-end weddings. The plaintiff didn't get what she paid for and tried to be reasonable about it - the florist shouldn't have been penny-wise and pount-foolish and given her the piddly $4K she demanded. I think she may actually recover from this guy.

Anybody who has planned a wedding knows that vendors have your ass over a barrel with a lot of this stuff. This florist finally tangled with the wrong bride.

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Posted by guest | Permalink Tuesday, October 16, 2007 12:43 PM

Mrs Party Pants sure has a lot of friends rushing to defend her.

I'm not buying. She deserves public ridicule.

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Posted by guest | Permalink Tuesday, October 16, 2007 12:48 PM

LAT you have GOT to find this Party Pants picture.

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Posted by guest | Permalink Tuesday, October 16, 2007 12:51 PM

If anyone bothered to read the actual complaint, you would see that the florist not only breached its contract but also committed fraud and fraudulent inducement. It used a classic bait and switch tactic - showing the bride one centerpiece to convince her to use their services and then providing a different (much less expensive) one at the actual wedding when it was too late to do anything about it. And, according to the complaint, it was not just the colors that were wrong - the species of the flowers were totally different and much less expensive. And that is just the centerpieces - the complaint goes on about items that were simply missing or displayed incorrectly. And, according to the complaint, due to the florist's horrible service, the bride herself was arranging flowers moments before her weeding! Had the florist simply breached its contract, then the $27,000 contract price would be appropriate damages. But here, the florist lied to the bride to get her to use them and then screwed her over - and for that, the bride can get tort damages including punative damages. I don't see why the damages are extreme here. And as someone else noted - any florist that can charge $27,000 for flowers is not some poor little mom-and-pop shop - they can fend for themselves. Sorry, but I have I have no pity for Posy...

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Posted by anon | Permalink Tuesday, October 16, 2007 12:51 PM

this bitch sucks

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Posted by im10ashus | Permalink Tuesday, October 16, 2007 12:52 PM

She is a total bitch. I worked with her at KDW and she was known as the "ice queen" and "party pants" because of some lame article in some magazine. I hope she loses. What a bitch!

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Posted by guest | Permalink Tuesday, October 16, 2007 12:53 PM

I'm alot more sympathetic after reading the NY Post article on this. The text below is from that article:


"Elana e-mailed Arakas attaching a picture of a particular hydrangea - a green hydrangea with red tips, sometimes called antique hydrangea, or rust hydrangea - and asked Arakas if that particular flower would be available in that particular color in August for her wedding. Arakas responded in an e-mail that she could provide the 'exact' same color," the suit says.

A month later, Posy - in return for $1,000 - showed the couple a sample centerpiece with the hydrangeas, and told them "the centerpieces at the wedding would be 'exactly' the same as the sample," the suit says. They picked Posy as their florist, and meticulously planned the arrangements."

Apparently the flowers they provided are a lot cheaper.

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Posted by Anon | Permalink Tuesday, October 16, 2007 12:55 PM

The families have the money, why didn't they hire an attorney? Me thinks they have a weak case.

Second, why would she tell the NYTimes that the wedding was lovely? Not a smart move.

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Posted by guest | Permalink Tuesday, October 16, 2007 12:57 PM

GSB,

I am surprised that you already know the facts of this case so well that you have can render your verdict. Here is what you know, some rich girl claims her flowers weren't the right color (although the florist says he explained this to her beforehand) and she claims they were wilted. From this, you have concluded that the florist "broke" their contract.

Please point out the provision of their contract that the florist broke. You have undoubtedly read it and have seen evidence of the flowers being defective.

You are just as guilty as the rest of the people jumping to conclusions. Maybe she is right and should be refunded. Maybe she is a spoiled little pain in the ass who will be divorced soon anyway after her husband realizes he married a she-devil. Who knows? Not you! All I am saying is that asking for $400k makes her a douche (just like the pants suit a-hole).

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Posted by guest | Permalink Tuesday, October 16, 2007 12:59 PM

What an annoying fucking JAP.

Nothing's available on the New York Courts website - at some point the docket will be available online and maybe the complaint. Haven't yet figured out how that all works.

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Posted by I love Bridezillas | Permalink Tuesday, October 16, 2007 1:01 PM

Ah, silly lawyer Bridezilla's...I've been trying to get Lat to run something on a gem of a lawyer from Staten Island who appeared on the WE program "Bridezillas."

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Posted by Mee | Permalink Tuesday, October 16, 2007 1:02 PM

A breach of contract is a breach of contract. It's amazing how people here who supposedly have some legal training take a clear breach of contract issue and introduce entirely irrelevant arguments about the plaintiff's character (based on no actual knowledge of her character, no less). And people who unnecessarily invoke their dead ancestors are suspect.

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Posted by 11:53 | Permalink Tuesday, October 16, 2007 1:05 PM

Re: 12:06

So because "you have a lot of time to get your paperwork together" for the NY Bar, people generally just take 2 years of 160k+ earning potential and dick around. I think not. No one takes a year off after law school unless they fail.

If, per chance, she was some fluke student who did that--well, that's just more power to the people around here calling her out as a stuck up rich bitch.

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Posted by anon | Permalink Tuesday, October 16, 2007 1:09 PM

Hey Mee (aka numb-nuts)

This isn't first year contracts class it's ATL... who the hell finds talking about the legal issues involved in a breach of contract interesting? It's much more fun to ridicule/character assassinate her.

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Posted by 12:06(2) | Permalink Tuesday, October 16, 2007 1:11 PM

No, you don't "take 2 years of 160k+ earning potential and dick around." You do the work of an associate and get paid like one. You just have to call yourself a "law clerk" and indicate in correspondence that you are not yet admitted / admission pending.

It's not a big deal. Sure, you don't get business cards, and you can't appear in court. But what first- or second-year associate is doing that anyway?

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Posted by Party in my pants! | Permalink Tuesday, October 16, 2007 1:11 PM

1:02,
This frivolous lawsuit gives everone actual knowledge of her empty character. And not every breach of contract is a breach of contract. Just ask the DC-pants judge.

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Posted by Sherri | Permalink Tuesday, October 16, 2007 1:12 PM

She is a spoiled b----h! She's trying to find a quick way to pay for the wedding. I don't have patience for people like this. Or the lawyer that sued the dry cleaners. What's so bad about a bus load of lawyers going over a cliff with three empty seats? A shame there were empty seats.

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Posted by guest | Permalink Tuesday, October 16, 2007 1:13 PM

This is why I'll be using S&C Bonsai as the centerpieces at my wedding.

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Posted by skeptic | Permalink Tuesday, October 16, 2007 1:17 PM

the lighting is awful at Cipriani. ten to one you couldn't tell the proper color of the flowers anyway.

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Posted by guest | Permalink Tuesday, October 16, 2007 1:17 PM

12:59, did you REALLY just make an anti-Semitic comment on this website? Are you serious? You should be ashamed of yourself, you idiot. Go back to work and stop making it so abundantly clear what an ignorant bastard you really are. Whether she is right or not (and frankly, I don't care), that kind of language is inappropriate, especially on a site that is supposed to be populated by educated individuals.

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Posted by Gallion | Permalink Tuesday, October 16, 2007 1:20 PM

Re: 11:53

You are a complete moron. You can practice in NY (and almost anywhere else) with an asterisk next to your name (saying not yet admitted to the bar) for a very long time. The process to get admitted in NY usually takes a year from start to finish, and some people don"t get started for a while. A two year gap isn't anything noteworthy and doesn't mean she either (a) failed the bar or (b) took a year off after law school. She could just as easily have passed the bar and gone immediately to work. So, 11:53, you are an utter fool.

That being said, this woman sounds truly horrible. There are thousands exactly like her in NYC, each worse than the next.

Gallion OUT!

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Posted by LM | Permalink Tuesday, October 16, 2007 1:24 PM

I think she lives in Murray Hill, not exactly a great neighborhood.

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Posted by Gallion | Permalink Tuesday, October 16, 2007 1:27 PM

This type always seem to live in Murray Hill.

Gallion OUT!

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Posted by Mee | Permalink Tuesday, October 16, 2007 1:27 PM

Don't see how it's frivolous. It's nothing like the dry cleaner suit. If you charge $27,000 for flowers, and someone pays for them, then the flowers better be amazing. I'm not saying her damages claim is reasonable, or even that she wins (because I don't know all the facts). And I'll concede that if you actually agree to pay that much for 22 centerpieces (and some bouquets), then there's something wrong with you.

But if you so adamantly hate this girl based on this story (see 1:12, 12:59, etc.), then either you have some emotional issues you need to take care of, or you are related to the florist.

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Posted by Gallion | Permalink Tuesday, October 16, 2007 1:27 PM

This type always seems to live in Murray Hill.

Gallion OUT!

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Posted by that's no bitch, that's a chili pepper | Permalink Tuesday, October 16, 2007 1:29 PM

I may be wrong about this, but isn't that a photo of Anthony Kiedis posted above?

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Posted by BL | Permalink Tuesday, October 16, 2007 1:33 PM

Love this site:
http://realestalker.blogspot.com/

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Posted by Jessica | Permalink Tuesday, October 16, 2007 1:34 PM

What an embarrassment this woman is. Pity her husband!!!

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Posted by guest | Permalink Tuesday, October 16, 2007 1:34 PM

People calling this chick spoiled don't get it. If your new BMW or Mercedes doesn't run the way it should, you are entitled to get it fixed; the fact that it might still run better than a Chevy isn't really the issue. You paid for a luxury car, you are entitled to luxury car performance.

Like most of the folks posting here, I personally find it hard to imagine spending 27k on flowers (and for that matter, I find it hard to imagine buying a Beemer). But be that as it may, if you spend 27K on flowers, you are entitled to get what you paid for. IF the allegations are true (wilting or substandard flowers, wrong species, poor vases, etc.), then she should get a refund.

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Posted by Field Marshal DiBlasi | Permalink Tuesday, October 16, 2007 1:38 PM

S&C is now representing Mrs. Glatt. Hell, we've successfully represented the Nazis and just about everyone else, so why not this moron! We'll crush this florist like a bug in the name of filthy rich jackasses everwhere!

Field Marshal DiBlasi OUT!

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Posted by anon | Permalink Tuesday, October 16, 2007 1:41 PM

Anon 1:34

I don't think most of the people here disagree w/ whether she should get a refund... if she was merely seeking a refund this wouldn't even be a story.

The problem is she is seeking $400K worth of damages for $27K worth of wedding flowers.

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Posted by Bill | Permalink Tuesday, October 16, 2007 1:42 PM

Interesting that most of the people here criticizing people for spending money on nice things are the same folks who say things in other threads like "hey, DC just matched, anyone heard when Wilmington's going to $160k?"

Go work on your Con Law outlines.

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Posted by guest | Permalink Tuesday, October 16, 2007 1:42 PM

NYT article says she initially demanded a $4K refund. That sounds pretty reasonable under the circumstances, a lot more reasonable than the $400K she is suing for. The florist says he ignored her emails - bet he wishes he didn't make that mistake.

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Posted by No Tie? | Permalink Tuesday, October 16, 2007 1:48 PM

Man, the guys dress pretty casual at that NY office. I mean the no tie and unbuttoned shirt thing is stretching the dress code a little huh?

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Posted by Anonymous | Permalink Tuesday, October 16, 2007 1:52 PM

Wasn't her wedding over 2 months ago!

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Posted by guest | Permalink Tuesday, October 16, 2007 1:53 PM

She passed the bar the first time around.

See http://www.nybarexam.org/702_af_d1.htm

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Posted by guest | Permalink Tuesday, October 16, 2007 1:54 PM

Who gives a fuck what figure she names for damages? You can pull that figure out the air. People here who make all these assumptions about character based on a damages figure are dipshits.

And no, I don't know the plaintiff. I've just actually practiced law before.

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Posted by guest | Permalink Tuesday, October 16, 2007 1:54 PM

1:42 - is your point that if you want to be paid at the top of the market FOR WORK, you must therefore accept as reasonable spending an absurd amount of money on something that will die within a week? It really doesn't follow. If your point was something other than that, please keep in mind that you need to be making WAY more than 160k a year before you're even thinking about spending $27k on flowers. This girl's rich parents paid for this stuff--it's not like she slaved away for it.

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Posted by guest | Permalink Tuesday, October 16, 2007 1:55 PM

No Tie? @ 1:48

how about that long hair?

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Posted by Did I miss something? | Permalink Tuesday, October 16, 2007 1:55 PM

Is this Sweeps week on tacky law blogs?
An AA post, a post on an awful lawyer/lawsuit, "real" substantive journalism (the interview with the Regent guy), and a fairly humorous video - all before 2 pm???

Lat's pulling out the A-game. (And making amends for the clusterf*ck that was Tier 2 week)

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Posted by Jenna | Permalink Tuesday, October 16, 2007 1:56 PM

There was a photo in the NYPost with the flowers and the flowers did look off, like bunches of cauliflower and broccoli in fact. The room was a deep rust/red and the flowers were almost whitish and light green. The couple would have garnered more sympathy if they didn't sue for the enormous amount of money, esp since they did accept the flowers.

Who here hasn't ordered flowers from an online service only to find out that they looked nothing like they did in the picture. I've spent $100+ on a bouquet before and gotten mostly filler flowers. S**t happens, esp when you hand over your money before seeing the finished product.

This lawsuit was probably filed out of a reactionary anger and because they're lawyers they filled suit too quickly. They should have sympathy but because they decided to be greedy they look like villans.

F**k the florist who took over $27,000 for flowers and didn't provide exactly what he promised. F**k the couple who are suing for almost half a mil. give us all a break here. Children are dying in Darfur, Monks are being killed in Myanmar, Terrorists continue to target civilians and journalists in Iraq, hundreds of people die every year trying to cross the border from Mexico to the US but we have to hear about $27,000 for flowers? So you're saying flowers aren't worth $27,000? Tell me about it!!!!

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Posted by guest | Permalink Tuesday, October 16, 2007 1:59 PM

Anyone ever hear of punative damages?! When you lie to someone to induce them to enter into a contract, you have committed a tort. When you did so intentionally and wantonly you may be punished with punative damages. Such damages also serve to deter other florists from doing the same thing. A judge or jury will determine if any punative damages are warranted and, if so, in what amount. Asking for such damages is hardly frivolous or outrageous.

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Posted by Jenna | Permalink Tuesday, October 16, 2007 1:59 PM

There was a photo in the NYPost with the flowers and the flowers did look off, like bunches of cauliflower and broccoli in fact. The room was a deep rust/red and the flowers were almost whitish and light green. The couple would have garnered more sympathy if they didn't sue for the enormous amount of money, esp since they did accept the flowers.

Who here hasn't ordered flowers from an online service only to find out that they looked nothing like they did in the picture. I've spent $100+ on a bouquet before and gotten mostly filler flowers. S**t happens, esp when you hand over your money before seeing the finished product.

This lawsuit was probably filed out of a reactionary anger and because they're lawyers they filled suit too quickly. They should have sympathy but because they decided to be greedy they look like villans.

F**k the florist who took over $27,000 for flowers and didn't provide exactly what he promised. F**k the couple who are suing for almost half a mil. give us all a break here. Children are dying in Darfur, Monks are being killed in Myanmar, Terrorists continue to target civilians and journalists in Iraq, hundreds of Immigrants die every year trying to cross the border from Mexico to the US but we have to hear about $27,000 for flowers? So you're saying flowers aren't worth $27,000? Tell me about it!!!!

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Posted by Jenna | Permalink Tuesday, October 16, 2007 1:59 PM

There was a photo in the NYPost with the flowers and the flowers did look off, like bunches of cauliflower and broccoli in fact. The room was a deep rust/red and the flowers were almost whitish and light green. The couple would have garnered more sympathy if they didn't sue for the enormous amount of money, esp since they did accept the flowers.

Who here hasn't ordered flowers from an online service only to find out that they looked nothing like they did in the picture. I've spent $100+ on a bouquet before and gotten mostly filler flowers. S**t happens, esp when you hand over your money before seeing the finished product.

This lawsuit was probably filed out of a reactionary anger and because they're lawyers they filled suit too quickly. They should have sympathy but because they decided to be greedy they look like villans.

F**k the florist who took over $27,000 for flowers and didn't provide exactly what he promised. F**k the couple who are suing for almost half a mil. give us all a break here. Children are dying in Darfur, Monks are being killed in Myanmar, Terrorists continue to target civilians and journalists in Iraq, hundreds of Immigrants die every year trying to cross the border from Mexico to the US but we have to hear about $27,000 for flowers? So you're saying flowers aren't worth $27,000? Tell me about it!!!!

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Posted by Come on people! | Permalink Tuesday, October 16, 2007 2:02 PM

How has nobody linked to the article/picture of her and her "party pants" yet?

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Posted by Jenna | Permalink Tuesday, October 16, 2007 2:02 PM

There was a photo in the NYPost with the flowers and the flowers did look off, like bunches of cauliflower and broccoli in fact. The room was a deep rust/red and the flowers were almost whitish and light green. The couple would have garnered more sympathy if they didn't sue for the enormous amount of money, esp since they did accept the flowers.

Who here hasn't ordered flowers from an online service only to find out that they looked nothing like they did in the picture. I've spent $100+ on a bouquet before and gotten mostly filler flowers. S**t happens, esp when you hand over your money before seeing the finished product.

This lawsuit was probably filed out of a reactionary anger and because they're lawyers they filled suit too quickly. They should have sympathy but because they decided to be greedy they look like villans.

F**k the florist who took over $27,000 for flowers and didn't provide exactly what he promised. F**k the couple who are suing for almost half a mil. give us all a break here. Children are dying in Darfur, Monks are being killed in Myanmar, Terrorists continue to target civilians and journalists in Iraq, hundreds of Immigrants die every year trying to cross the border from Mexico to the US but we have to hear about $27,000 for flowers? So you're saying flowers aren't worth $27,000? Tell me about it!!!!

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Posted by Gallion | Permalink Tuesday, October 16, 2007 2:03 PM

Jenna, I think I love you.

Gallion OUT!

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Posted by A Gay Man | Permalink Tuesday, October 16, 2007 2:04 PM

I would do this woman.

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Posted by guest | Permalink Tuesday, October 16, 2007 2:05 PM

Pastel pink isn't close to rust. It's a material breach. It doesn't matter if she could have looked it up and found that the colors can vary, it's the florist's job to tell her that she might get pink instead of dark red, because no reasonable person getting flower would expect pink when they ask for dark red (certainly not dusty wilted pink).
She shouldn't have to pay for the flowers. She shouldn't get 400k either, but that's just to put her into a better negotiating position at the settlement table so she can get what she really wants, which is probably a refund. Corporations do this every day, and no one finds that unreasonable. She even offered to settle for a measly 4k before she filed.

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Posted by Anonymous | Permalink Tuesday, October 16, 2007 2:06 PM

I want to see more pictures of the actual wedding flowers.

The NYP pic is too small to judge.

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Posted by The Oracle | Permalink Tuesday, October 16, 2007 2:07 PM

Notice that not one "friend" has posted on here in defense of this woman? In defense of the case, perhaps, but where are the "she actually a really nice girl" posts?? Unless, of course, she's not.

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Posted by guest | Permalink Tuesday, October 16, 2007 2:08 PM

She reminds me of Melanie Mundle. No?

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Posted by guest | Permalink Tuesday, October 16, 2007 2:09 PM

Elana is getting killed in the reader poll (despite her friends posting in the comments)...

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Posted by Anonymous | Permalink Tuesday, October 16, 2007 2:09 PM

I want to see more pictures of the actual wedding flowers.

The NYP pic is too small to judge.

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Posted by guest | Permalink Tuesday, October 16, 2007 2:10 PM

Wonder how much she'll sue the doctor for when her "boy" turns out to be a girl?

Does she really, honestly, have nothing better to do in her spare time? Get a life, honey. It's not worth crying (or suing) over.

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Posted by guest | Permalink Tuesday, October 16, 2007 2:10 PM

Crap! No one got her the monogrammed diamond-cut cocktail shaker from Williams-Sonoma. I better start a fundraiser...

http://registry.weddingchannel.com/wedding_websites/PersonalWebsite.action?view=gr&occ=567536600

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Posted by guest | Permalink Tuesday, October 16, 2007 2:10 PM

"Corporations do this every day, and no one finds that unreasonable."

Exactly! "Wah, wah, wah - you infringed on my patent! You tortiously interfered with my contract! You violated antitrust laws!"

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Posted by guest | Permalink Tuesday, October 16, 2007 2:13 PM

1:59,

No, I have never heard of punative damages. Can you tell me more about them?

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Posted by guest | Permalink Tuesday, October 16, 2007 2:14 PM

@ 1:54 (1): "Who gives a fuck what figure she names for damages? You can pull that figure out the air."

Wow, you must be an ace trial attorney.@ 1:54 (1): "Who gives a fuck what figure she names for damages? You can pull that figure out the air."

Who gives a f----? Um, people who actually care about the integrity of our legal system. Clearly, such an outlandish figure – as with the outlandish figure requested in the dry cleaner case – suggests that the litigation itself is meant to be punitive. If Party Pants had named a reasonable figure, perhaps the florist would have taken the suit seriously and offered a reasonable settlement. But, by requesting $400K, she forces the florists to litigate. In requesting such an absurd amount for punitive compensation, Party Pants shows that she wants to punish the florists WITH litigation, rather than by litigation. That's atrocious.

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Posted by guest | Permalink Tuesday, October 16, 2007 2:14 PM

Wonder how much she'll sue the doctor for when her "boy" turns out to be a girl?

Does she really, honestly, have nothing better to do in her spare time? Get a life, honey. It's not worth crying (or suing) over.

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Posted by Anonymous | Permalink Tuesday, October 16, 2007 2:14 PM

I want to see more pictures of the actual wedding flowers.

The NYP pic is too small to judge.

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Posted by guest | Permalink Tuesday, October 16, 2007 2:19 PM

1:59,

No, I have never heard of punative damages. Can you tell me more about them?

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Posted by Paste | Permalink Tuesday, October 16, 2007 2:20 PM

While the 400k demand is absurd, it's in line with the absurdity of all complaints filed in New York state court. Under New York practice, the amount demanded in a complaint is the maximum you are entitled to under any circumstance, so plaintiffs routinely demand 10, 20, 100x the amount of their actual damages.

For Stamos Arakas to say he shouldn't do business with an entire profession because one lawyer decided to expose his shady business practices is shameful. I'm glad he is being exposed as a liar and a thief, and I hope Posy Florists pay back all $27k.

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Posted by Anonymous | Permalink Tuesday, October 16, 2007 2:21 PM

I want to see more pictures of the actual wedding flowers.

The NYP pic is too small to judge.

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Posted by N | Permalink Tuesday, October 16, 2007 2:22 PM

(Almost) all of you are idiots. 400k is a lot, but there's no way she's actually going to get that in the end, nor does it mean she expects to get that. It's a negotiating tactic, and one that is reasonable if this is in fact a tactic that the florist has used over the years. What about all the other weddings the florist may have worked and ended up screwing the customers out of their money on their wedding day? If SHE doesn't file a lawsuit now, why wouldn't the florist continue to charge 27k for floral arrangements and end up using cheap replacements at FUTURE weddings? I have absolutely no sympathy for a florist who demands money upfront, lies to customers, provides a cheap replacement product, and then ignores customers' emails. It was her wedding day, and this florist thought that they could screw a customer out of their money because there was no time to find a replacement and they already had the couples' money. If the florist had taken her very reasonable offer of a 4k refund, this lawsuit would never have been filed. Finally, no one knows how much money the plaintiff, her husband, or their familes have. 27k could be nothing to them, and people have every right to spend however much money they want on their wedding.

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Posted by guest | Permalink Tuesday, October 16, 2007 2:23 PM

If Party Pants had named a reasonable figure, perhaps the florist would have taken the suit seriously and offered a reasonable settlement. But, by requesting $400K, she forces the florists to litigate. In requesting such an absurd amount for punitive compensation, Party Pants shows that she wants to punish the florists WITH litigation, rather than by litigation. That's atrocious.

The amount either party is willing to settle for is unrelated to the damages figure. She could have sued for 9 gazillion space dollars and she might still accept $50K, and the Pony people could offer it (because their lawyers have practiced law before, too). Damages figures don't have anything to do with the integrity of the legal system or the settlement value of the claim, Kay Sieverding. Get your head out of your ass.

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Posted by Bob the Lawyer Slayer | Permalink Tuesday, October 16, 2007 2:24 PM

The groom ought to be well compensated for marrying this barking dog (see her photo.) Whether he's brave or just stupid, the suffering that awaits him will be plentiful. She's a rectal ejection bringing more bad mojo onto her profession. I have no sympathy for spoiled bridezillas. May they all soak in their own fetid soup.

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Posted by tee hee hee hee hee hee | Permalink Tuesday, October 16, 2007 2:26 PM

2:22 said [...] she's actually going to get that in the end."

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Posted by guest | Permalink Tuesday, October 16, 2007 2:34 PM

I fu**ing knew she had to be a Fordham grad and sold her soul to the big firm devil.

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Posted by Anonymous | Permalink Tuesday, October 16, 2007 2:34 PM

Actually, she looks pretty (and happy) in this NYP pic


http://www.nypost.com/seven/10162007/photos/news003b.jpg

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Posted by Bridezillas | Permalink Tuesday, October 16, 2007 2:36 PM

1:01 -- I saw that too. I think her name was Suzanne. Lat, let's hear about Bridezilla Suzanne from Staten Island.

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Posted by guest | Permalink Tuesday, October 16, 2007 2:36 PM

Initially I read this thing and thought, "what is WRONG with this woman? 400k for flowers? Yeah, the were ugly, but not having the perfect wedding is hardly the end of the world." But I read the Times article and now I'm siding with her. The flower store owner and his wife are completely unreasonable. If they couldn't match what she wanted, they should have talked to her before the wedding. And they DEFINITELY should have refunded the 4k like she asked -- frankly, that's more than a reasonable offer if the flowers were as ugly as she describes. That they were "insulted" by her email shows they don't know how to run a business well -- which, if anything, adds credibility to her claims.

Look, I'm no fan of bridezillas, I think spending 27k on freaking FLOWERS is beyond idiotic, but she gave them a fair chance to make up for it. If the flowers really were as bad as she says, then they probably breached their contract, and she should get something back (although, probably just the cost of the flowers and perhaps attorneys' fees/costs of suit -- not 400k, how on earth do you get that number?)

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Posted by Bill | Permalink Tuesday, October 16, 2007 2:40 PM

no, my point is that it is ironic for greedy people to criticize others for spending lots of money. lost on you I guess

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Posted by Anonymous | Permalink Tuesday, October 16, 2007 2:43 PM

Are they sisters?

http://www.sullcrom.com/lawyers/detail.aspx?attorney=987

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Posted by ST | Permalink Tuesday, October 16, 2007 2:45 PM

2:34(1) - hahahah...looks like someone couldn't get a big firm job after law school...

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Posted by guest | Permalink Tuesday, October 16, 2007 2:47 PM

That's not irony, Bill. Even if you accept your premise that it's inherently "greedy" to want to be paid exactly what others in your field are being paid to do the exact same work, greed still is still not equivalent to over-the-top consumerism. In fact, it's quite the opposite (I want money vs. I want to spend my (parents') money).

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Posted by anon | Permalink Tuesday, October 16, 2007 2:52 PM

"Notice that not one "friend" has posted on here in defense of this woman? In defense of the case, perhaps, but where are the "she actually a really nice girl" posts?? Unless, of course, she's not."

I know and like Elana. I think she is totally reasonable.

You people are mean.

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Posted by L-dawwg | Permalink Tuesday, October 16, 2007 2:55 PM

I hope posy settles because I guess they are screwed.

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Posted by Anonymous | Permalink Tuesday, October 16, 2007 2:55 PM


As a 5th year Associate, she should make around $220K, including bonus, and work around 55.9 hours per week.

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Posted by x | Permalink Tuesday, October 16, 2007 2:56 PM

ditto 2:52. you're disgusting and i'm ashamed that you are all lawyers. making comments on her appearance? why don't you post your firm website photo so we can talk about how ugly you are?

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Posted by x | Permalink Tuesday, October 16, 2007 2:57 PM

ditto 2:52. you're disgusting and i'm ashamed that you are all lawyers. making comments on her appearance? why don't you post your firm website photo so we can talk about how ugly you are? you probably are.

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Posted by anon | Permalink Tuesday, October 16, 2007 2:57 PM

N at 2:22

I totally agree.

"(Almost) all of you are idiots. 400k is a lot, but there's no way she's actually going to get that in the end, nor does it mean she expects to get that. It's a negotiating tactic, and one that is reasonable if this is in fact a tactic that the florist has used over the years. What about all the other weddings the florist may have worked and ended up screwing the customers out of their money on their wedding day? If SHE doesn't file a lawsuit now, why wouldn't the florist continue to charge 27k for floral arrangements and end up using cheap replacements at FUTURE weddings? I have absolutely no sympathy for a florist who demands money upfront, lies to customers, provides a cheap replacement product, and then ignores customers' emails. It was her wedding day, and this florist thought that they could screw a customer out of their money because there was no time to find a replacement and they already had the couples' money. If the florist had taken her very reasonable offer of a 4k refund, this lawsuit would never have been filed. Finally, no one knows how much money the plaintiff, her husband, or their familes have. 27k could be nothing to them, and people have every right to spend however much money they want on their wedding."

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Posted by guest |