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Profi-Parkiet Sp. Zoo v. Seneca Hardwoods LLC

United States District Court for the Eastern District of New York
2014 WL 2169769 (2014)

Written by Rose VanHofwegen, JD

Facts

Polish company Profi-Parkiet Sp. Zoo (plaintiff) contracted to purchase walnut tongue-and-groove flooring from New York-based Seneca Hardwoods LLC (defendant). Profi-Parkiet paid a down payment and shipping costs totaling $23,211.58. Seneca delayed shipment for five months. Meanwhile, Profi-Parkiet ordered a shipment of walnut elsewhere. When the Seneca shipment arrived, it did not conform with Profi-Parkiet’s order. The planks were short, split, discolored, below grade, not tongue-and-groove, and missing several hundred square feet. Profi-Parkiet rejected the shipment, but Seneca did not collect it. Profi-Parkiet stored it and charged Seneca about $8 per day for storage. Meanwhile, clients who wanted walnut flooring cancelled orders. Profi-Parkiet bought walnut flooring from another supplier within three months for $37,396.45 ($21,006.07 more than the price Profi-Parkiet agreed to pay Seneca). Profi-Parkiet sued to recover its losses, and Seneca defaulted. Profi-Parkiet asked for a default judgment awarding damages including the costs of the down payment, shipping, storage, both shipments from other suppliers, and amounts invoiced for cancelled orders. The judge referred the matter to a magistrate to recommend damages.

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