Kieran M. Dowling represented the plaintiffs in a class action Consumer Fraud Act case.
The plaintiffs, a married couple, put their property, including furniture, family heirlooms, wedding albums and other personal property, in a storage facility while awaiting the purchase of a new home. The storage facility employees (and the company’s website) told the plaintiffs that the storage unit was “climate controlled” and their property would be safe.
When it finally became time to move their property to the new home, the plaintiffs discovered all the plaintiffs’ property was covered in mold, and the storage facility was not climate controlled as advertised.
The defendant claimed that plaintiff’s damages were capped at a nuisance value specified in the rental agreement. After contentious litigation before the Superior Court and Appellate Division that addressed whether rental contract’s provisions, including its arbitration clause, were enforceable, the matter settled favorably for the plaintiffs in the sum of $90,000.