Friday, April 9, 2010

Reader mailbag: Cops called after a sandwich order is cancelled



The following is an e-mail from an EV Grieve reader...from an outing at Simone at First Avenue and St. Mark's...

"I had a very unpleasant incident at Simone earlier today when I went with a friend for a snack. When we went there it was a nice quiet place and we placed our order. Soon after our soup came the lights went down and the (what they called) music got very loud. When we were unable to get them to keep the volume down we went to leave, did not want to pay for a cancelled sandwich order (that we did not take with us).

They called the police. Long story short, I called to cancel my credit card charge and I was advised that TWO charges (in the same amount but NOT in the amount of my receipt) had been billed to my card."


I responded, they called the cops? Were you still there?

"We were there when the cops came. How could we leave? The cops were not any help. Even though we did not take the sandwich with us they said we had to call the [Better Business Bureau] and take [Simone] to Small Claims Court."


[Image via New York]

17 comments:

Becca said...

Wow, that's really extreme -- I've been at Simone at the lights-down-music-up moment, and I can understand why they wanted to leave. I had to literally shout if I wanted to be heard by my friend, seated 2 feet away and facing me. We considered leaving too...

glamma said...

why not just pay for the sandwich at eat it at tompkins

Susan P said...

Whoever runs Simone is insane. I was having dinner at this "Wine/Espresso Bar" one evening and was refused tea with my dinner. They don't serve coffee and tea in the evening! Even with dinner. That's completely crazy.

Erin Bradley said...

Simone is the WORST. So dishonest.
Check out my Yelp review:

http://www.yelp.com/biz/simone-espresso-and-wine-bar-new-york#hrid:XbsvhtsCVrt-eBF89-PKqg/src:self

and read others. Their shady business practices are going to catch up with them one day. I hope this person fights them (and wins) in small claims court.

marjorie said...

whoever runs Simone HAS to be insane. treating customers vilely in the era of blogs and facebook is stupid stupid bad business. haven't been there in years but i won't be going there again. (ok, wouldn't have gone there again anyway b/c the food was so unmemorable, BUT STILL!!!)

James Taylor said...

I went in there once maybe two years ago and had a similar experience. We left before placing our order. Simone's is one of those terrible places which a lot of people must like. Three Of Cups is another.

Brooks of Sheffield said...

Yet another example about how New York service has become aggressively hostile and anti-customer. Patrons are now guilty until proven innocent.

EV Grieve said...

@ Glamma. Or take something from Ray's into the Park!

EV Grieve said...

And management — any management, really — needs to remember there are plenty of other places in the neighborhood to take our business... plenty of places within a half block, in fact...

Anonymous said...

I like Three of Cups, and the owner is very nice. I would never put them in the same boat as Simone.

Anonymous said...

As a matter of law, you do not need to take them to small claims court. Challenge your credit card charges (cc companies are good with this type of stuff, they'll probably take it off with no problem), and then simone will have to take you to small claims court, which they'll never do because the cost of doing so far exceeds to cost of the sandwich.

The lowering of lighting and putting on loud music making the restaurant unpleasant to dine it constitutes a "change in circumstances" allowing you to rescind the contract you made by ordering the sandwich. There's a million other defenses, but that one will be good enough if it ever comes to it. Since you didn't take the sandwich, it's merely a breach of contract IF simone ended up winning - which they wont - so there is no criminal liability whatsoever.

Bottom line is that cops typically don't know what the law actually is, will always favor a business over an individual, and usually will say whatever suits their interest of not having to waste time writing up paperwork.

SGI said...

I'd like to say "Gee, how terrible to be treated in this manner"; but, I can't. Why didn't this person go get a damned sandwich at a run-of-the-mill, normal deli or greasy spoon? Because those joints aren't pretentious enough to suit you? Excuse me; but, my dirty water dog with sauerkraut and onions is ready.

blueglass said...

i do plan to fight simone. they overcharged me, TWICE! what are they doing to others?
don't let your political corectness upset you. sometimes it is nice to sit in a quiet place and be able to talk for a while. obviously not at Simone.
the entire experience was one of superior attitude displayed by egotistic faux beautiful people showing great disdain for their customers.

cat said...

Crazy! what happened to the customer is always right?

I agree that you might be able to resolve this with your credit card company. Worth a try.

Erin Bradley said...

SGI - huh?

I understand 'Eat the rich' and 'Down with Yuppies' blah blah blah and I'm mostly down.

HOWEVER, by siding with Simone, aren't you really just siding with The Man in this situation? (i.e., the cops and the shitty business owner)

Is the only place a person entitled to fair service and decent treatment a hot dog cart?

What if the hot dog cart owner treated you like shit and spit in your food?

Would you want people saying "Well, that's what you get for going to a hot dog cart!"

Your argument makes no sense.

Anonymous said...

I have had a similar experience at another place and Amex will reverse charges no problem.

Anonymous said...

That place is clearly used to dealing with tourists, b&t crowd who are disposable customers.

You can't treat people the way they do and expect repeat business.