phone - 845.726.3367
phone - 845.726.3367
On June 16, 2006, The Berry Company filed a bogus lawsuit against me for $3494.15 which they wrongly claimed that I owed them for telephone advertising appearing in the 2004 Middletown, Orange County, New York Frontier Telephone directory for which I had never requested nor authorized for a business that I had closed and had the telephone disconnected in 2001 and for which, I had written proof. The Berry/Frontier directory wasn't even the local phone directory for my location. I had never had yellow page advertising with anyone nor did I want it.
In my opinion, Mr. Peter Perdoue (so called christian) apparently fabricated a work order in order to scam the Berry company and me for a sales commission. Look at the written evidence and decide for yourself . This ended up costing me several thousand dollars and years of aggravation. In my opinion, Peter Eugene Perdoue should have done jail time but I was advised by my lawyer to show compassion and not to file a criminal complaint even though it was an open and shut case according to the written evidence I had in my possession (see "documentation" page).
The Berry Company could not provide a signed contract from me. And further, Berry’s lawyers would not move forward with a trial nor drop the case for over four years after they received verifiable written proof from my lawyer that directly contradicted what they offered as evidence of contract bearing Peter Perdoue's signature. The Berry Company which had close to 500 million dollars in annual income at the time continued trying to intimidate my lawyer with threats of a drawn out and expensive court battle which would eventually cost me many times more than the money than the $3500. they were trying to bilk me out of.
After two more years of repeated threats and stalling by Berry's attorneys, in 2008, my lawyer sent Berry's lawyers a copy of a signed letter from Warwick Valley Telephone, which was my former telephone company stating that my business phone had been disconnected a couple of years before Peter Perdoue, an ad salesman, supposedly contacted "John Hinsdale" (which is not my name) "by phone" in 2003 at Hinsdale Automotive (which closed in 2001) on their work order dated 2003 and on which they had listed my old phone number as the contact number. Mr. Perdoue, signed his name on the work order. My lawyer demanded that they proceed with the trial immediately or we would take action against them. My lawyer gave Berry's legal department another year to give The Berry Company ample opportunity.
The Berry Company still would not proceed with bringing their case against me to trial nor drop the case.
My lawyer filed on April 12, 2010, a "Demand for Resumption of Prosecution of Action" and it was served on The Berry Company. If The Berry Company didn't respond to this demand within 90 days it would serve as grounds for dismissal of this lawsuit. The Berry Company obviously chose not respond within the specified 90 days because it became apparent to them I wasn't going to give up in the face of their bullying tactics and if the case went to trial the court might go after them and recommend criminal charges be filed against them.
This motion was filed with the court in September, 2010. The Berry Company was then given another 21 days to show cause why they didn't respond to the legal demand within the ninety days
Craig M. Sandles, Esq. representing the Berry Company aka the LM Berry Company, chose not respond and to show cause for why they didn't respond to this legal demand within the 90 days.
On April 25, 2011, a Court Order was issued by The New York Supreme Court, County of Orange, and signed my Judge Robert Onofry, A.J.S.C dismissing Berry's case and awarding me a judgment with prejudice (which means it cannot be appealed). The Order was served on Berry's lawyer, Craig Sandles. Esq..
The Berry Company got caught and I got a judgement against them, but I could not collect because they had filed for bankruptcy protection. They knew they were on the verge of bankruptcy and Berry's Lawyers successfully stalled this case. Even though I didnt have a claim against them until 2011 they are still claiming they are protected. They told me to hire a lawyer if I want to continue to fight. They have deep pockets. I don't.