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Retailer sued over blood pressure machines

By: Bennett Loudon//March 14, 2023

Retailer sued over blood pressure machines

By: Bennett Loudon//March 14, 2023

A Mendon-based company that leases blood pressure checking machines to retail establishments has filed a lawsuit seeking about $800,000 from a company they claim failed to pay for the return of machines as required by their contract after company decided not to renew the agreement.

Plaintiff New York Blood Pressure (NYBP) Inc., located at 1335 Mendon-Pittsford Road, leases automatic blood pressure monitors to retail stores.

Defendant Albertsons Companies Inc. is one of the largest food and drug retailers in the United States, with more than 2,200 stores in 34 states, including New York, according to the complaint filed in state Supreme Court in Monroe County.

Albertsons operates Safeway, Von’s, Jewel-Osco, Shaw’s, Acme, Tom Thumb, Randalls, United Supermarkets, Pavilions, Star Market, Haggen, Carrs, Kings of Food Markets, and Balducci’s Food Lovers Markets, according to the complaint.

NYBP and Albertsons entered into three-year contract effective May 1, 2019, to lease 930 blood pressure monitors.

On June 24, 2021, Albertsons decided not to extend the contract beyond the three-year term and the agreement ended on April 30, according to the complaint.

According to the complaint, the “casualty value” of a single monitor “which has suffered an event of loss” is $850. The contract also states that Albertsons is responsible for the cost of “de-installation and return of equipment” at a rate of $250 per unit, according to the complaint.

The contract also required Albertsons to pay “all costs and fees of collections incurred” in addition to attorneys’ fees incurred “in collecting unpaid balances owed,” the plaintiff claims.

Albertsons claims the agreement means that NYBP “must pick up the units for a cost of not more than $250,” according to the complaint. NYBP claims Albertsons is required to pay $250, plus shipping costs for each unit returned.

By the fall of 2022, NYBP had de-installed and removed 383 monitors from stores. For that work, NYBP claims that Albertsons owes $250 per monitor, plus $58,119.68 — “the actual cost incurred by NYBP to return the units,” according to the complaint.

In November 2022, Albertson’s made a “good faith payment” of $143,500 payment “toward any future balance owed to NYBP (if any) related to the closeout of the agreement,” according to the complaint.

Albertsons would not return the remaining units, according to the complaint, so NYBP arranged to remove another 100 units.

So far, 480 units have been picked up by NYBP. Fifty-six monitors are considered a “casualty loss to damage,” and “157 units are lost,” according to the complaint.

That leaves 293 monitors that still must be moved out of stores, mainly in California and Alaska. The other 67 units are in Colorado.

For the cost of machines returned and damages, plus attorneys’ fees, NYBP claims Albertson’s owes $642,480.

“As a result of Albertson’s refusal and failure to return and ship the units, NYBP has lost business opportunities to lease the units in other retail stores,” according to the complaint.

NYBP claims the company as incurred lost profits of at least $300,000, according to the complaint.

Taking into account Albertsons “good faith payment” of $143,500, NYBP claims Albertsons owes a total of $798,980.

[email protected] / (585) 232-2035

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