Damage to item delivered. Who do I sue?

[entpagirl]

What is the name of your state (only U.S. law)? New York State

I bought a refrigerator from a big box store and contracted with them for delivery. They contracted with a third party delivery company to deliver the appliance. The delivery company damaged my appliance as they were bringing it through the front door. The delivery driver left before we could complain but luckily there was nothing we signed acknowledging the delivery was in good condition. We have contacted them multiple times but they will not return our calls or emails. The big box store tells us that it is not their issue but have tried to help us with the delivery company by calling them. Still, we have not heard from them. We are getting evidence together to prove damages in preparation for a small claims suit regarding this. However, I am not sure if I sue the delivery company or the big box store. Obviously the delivery company caused the damage but we do not have a contract of any kind with the delivery company, we only have one with the big box store.

 

[adjusterjack]

Sue both as co-defendants.

The store owner should be responsible for the acts of his agents.

Make sure you look up the store on the state's corporations website for the exact name of the store and it's owners.

Same with the delivery people.

https://www.dos.ny.gov/corps/bus_entity_search.html

 

[entpagirl]

Thank you

Thank you so much for your advice!