A Staten Island woman has been fined $1,000 for a review she made on the online review website Yelp about a floor refurbishing business. Emily Faneli from Staten Island, one of New York City's five boroughs, had hired the company, Mr. Sandless, to refinish the floors in her living room and dining room in February for $695.
According to court papers, the company offers "affordable" floor refinishing with "green" chemicals.
However, Fanel, 67, was unhappy with the work that was done to her home both after the initial job, as well as after she complained. "The guy destroyed my home," she said, according to the New York Daily News. "It was a total disaster - peeling."
She then went on silive.com where she found the original ad, and called the company owner, Matt Gardiner, "a liar and a con artist."
Afterward, she went on Yelp and posted a scathing review of the company. She was so upset by the incident that she was barely able to post a coherent sentence.
"this guy mat the owner is a scam do not use him you will regret doing business with this company I'm going to court he is a scam customers please beware he will destroy your floors he is nothing by a liar he robs customers, and promises you everything if you want s- then go with him if you like nice work find another he is A SCAM LIAR BULL--ER," she wrote, according to Consumerist.
She then went on Yelp two weeks later, complaining about the floors and urging anyone who's considering hiring Gardiner to email her for more information.
Seeing the inflammatory statements made against him, Gardiner took Faneli to court where Staten Island Civil Court Judge Philip Straniere said Fanelli's statements were purposely inflammatory.
He noted her last statement was considered "opinion and protected speech," but the first two crossed the line from opinion to libel.
"Terms such as 'scam,' 'con artist' and 'robs' imply actions approaching criminal wrongdoing rather than someone who failed to live up to the terms of a contract," Straniere wrote, according to Wyoming Online.
Even though Faneli was forced to pay the $1000, she did receive $400 from Gardiner because his company didn't have the proper licenses to do work on her home.
