118 Misc.2d 66, 459 N.Y.S.2d 716
Robert & Ethel SCHAFFER, Plaintiffs,
v.
Michael & Carl TALERICO, Defendants.
City Court of Utica,
Oneida County.
Feb. 18, 1983.
ANTHONY J. GARRAMONE, Judge.
The facts of the above case are as
follows:
In July, 1981 the defendants were
recruited by the plaintiffs to become
distributors of Amway Products. The
plaintiffs had previously been recruited by
persons known as C. & J. Christie; and
together they would represent an
organization representing the internal
buying and selling of these products.
The entire program involved is much too
detailed and involved, and need not be
fully set forth herein. Briefly, it consists of
persons recruiting each other in a scheme
that involves supply from one group to
various sub-groups of Amway Products
which builds into a pyramid whereby
various bonuses and points are
accumulated as the pyramid grows.
What actually occurs is that the person
within the pyramid become the actual
sellers and consumers of the product.
Therefore, it is unnecessary to sell to
others when each of these groups and
sub-groups are buying and selling the
product amongst themselves.
Weaved within this product buy and sell
scheme are incentives such as bonuses,
pins known as the "believers pin", the
"silver inner circle pin", vacations and "a
diamond ring", which became the subject
of this particular action.
*67 In the case at bar, the Court was
presented with documents from the
plaintiffs which attempted to prove to the
Court that after all the bonus adjustments,
orders, and receipts from the defendants,
less credits given to them, the defendants
were indebted to the plaintiffs in the sum
of $731.00.
The defendants on the other hand
attempted to show to the Court that in fact
they did not owe $731.00 but were entitled
to $1,250.00 as a counterclaim. The
defendants were woefully confused by the
entire operation. They had no records,
and for the most part relied upon the
computer printouts of the plaintiffs, which
would set forth products sold, credits
received, bonuses, etc. The defendants
had no records, but defendants did
contend that they were being charged for
items in these printouts that were never
received by them. The defendants
contended that they returned all items
unused to the plaintiffs, including a
diamond ring which they originally were
told had a value of between $1,200.00-$1,500.00 and for which they received a
return credit of approximately $125.00.
The conclusion of the Court is that the
plaintiff's contract is unenforceable for the
**717 reason that transactions between
plaintiff and defendant amount to a
pyramid scheme which the Court will not
enforce as being against the public policy
of the State of New York.
The defendants cannot recover on their
counterclaim for the same reason.
Action and counterclaim dismissed.
END OF DOCUMENT
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