If Elana Glatt had done no more than demand a $4,000 refund from her wedding florist, she would still be enjoying relative anonymity. But the New York attorney has transformed herself into a personification of lawyer greed by suing for a whole lot more -- $400,000.

Glatt, an associate at Kelley, Drye & Warren in Manhattan, paid $27,435.14 upfront for her wedding flowers from Posy Floral Design Studio. In a pro se complaint obtained by On Point, she alleges the flowers “were not even close” to what she had bargained and paid for.

Along with “wilted and/or browned flowers,” Posy allegedly provided the wrong hydrangeas -- pastel pink and green instead of dark rust and green –- for the 22 centerpiece arrangements and roses that “were no different than the roses available from a street vendor in New York City for $5.”

The florist, Glatt says, did not respond to her requests for a partial refund of $4,000, so she, her husband and her mother-in-law have sued for breach of contract, unjust enrichment, fraud and negligent misrepresentation. And they are seeking no less than $401,870.28 in damages, including $90,000 in punitives.

“Defendants' conduct [ ] warrants punitive damages, particularly given the special nature of a wedding celebration, which is a once in a lifetime event,” the suit says. “Further, the Defendants' fraud caused great embarrassment and distress to Plaintiffs on the day of the wedding.”

The case has quickly electrified Internet message boards, with many posters vilifying Glatt, who practices under the name Elana Elbogen, and some even comparing her to the infamous Judge Roy Pearson, who sued his dry cleaner for $54 million over a pair of lost pants.

“Suing a mom-and-pop business for $400K because you are disappointed with $27K in flowers plays into a popular stereotype of lawyers as bullies,” said one posting.

But Glatt's fraud claim –- which accounts for 75 percent of the alleged damages –- is by no means just about wilted flowers. She also says she is a victim of a “common scheme” by which “dishonest” wedding vendors

insist upon payment by cash or check so that in the event of a dispute, it will be harder for the bride to get back her money.

According to the complaint, Posy co-owner Paula Arakas “falsely represented to Plaintiffs that payment for the flowers could not be made by credit card,” insisting that she would only accept a cashiers check. Faced “with the choice of having no flowers at their wedding, or paying Posy with a cashiers check,” the plaintiffs obliged.

Glatt may not come up roses with a $400,000 judgment in her case -– and the demand, in any case, could just be a negotiating ploy. But she doesn't deserve the anti-lawyer flak that has been raining down on her.

By Matthew Heller
10/18/07