By: Kevin Oklobzija//July 17, 2023
By: Kevin Oklobzija//July 17, 2023//
A Florida company specializing in last mile delivery coordination alleges that a Rochester firm breached a contract and now won’t release up to $176,000 in goods from a warehouse.
Ryder Last Mile, Inc. of Miami contends in court papers that Now That’s Fast Delivery (NTF) of Lincoln Avenue in Rochester is guilty of acts of conversion for holding $141,261.86 in known product as well as potential claims of $34,890.78.
The parties entered into a contract on Sept. 29, 2001, that said NTF would be paid to provide “motor carrier transportation services to Ryder.”
That agreement included safe and secure receipt and handling of the product at the defendant’s facility, as well as unloading, storing, inventory and information management, loading, transportation management and delivery, according to a lawsuit filed in state Supreme Court in Monroe County on Friday by attorney Jessica Bookstaver of Garden City-based Goldberg Segalla LLP.
Ryder Last Mile notified NTF on June 30, 2022, that it was terminating the contract, alleging products had been lost and/or not delivered, in breach of the agreement.
With permission, Ryder subsequently began removing its products from the NTF warehouse on Aug. 9, 10 and 12, but then was denied access when field agents returned on Aug. 19, the complaint says.
“After further negotiations between the parties, the defendant agreed to give plaintiff access to the product on Aug. 23,” according to the complaint.
Following retrieval of more goods on Aug. 23, the complaint states Ryder’s field agents made arrangements to return a final time for all remaining goods on Aug. 26.
But when field agents arrived with three rented trucks to take possession of the goods, “defendant refused Ryder entry and access to their product,” court papers say.
“Ryder then received a message from Now That’s Fast’s president (Theodore Fingland) that he would not release the plaintiff’s product without payment of three months’ rent and additional sums.”
Ryder contends the original contract signed by Fingland explicitly says that NTF is not allowed to “assert any lien, right, or interest in any product for any reason whatsoever, including any right to hold any product after Ryder has made demand for its return or proper delivery.”
After serving Fingland with a demand letter, Ryder returned again with three trucks on Sept. 7 but was again denied access.
“This continued denial to provide Ryder access to its product constitutes conversion. Now That’s Fast’s acts of conversion were committed with malice and reckless and willful disregard for plaintiff’s rights,” the lawsuit alleges.
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