A Putnam County Christmas tree farm is suing NYC Tree Lady for $171,461 for allegedly ducking payment for 610 trees.
Cockburn Farm LLC accused Heather Neville of fraud and breach of contract, in a complaint originally filed in Putnam Supreme Court and moved to federal court in White Plains on Dec. 5.
Sean Barton, owner and operator of Cockburn Farm, sells Christmas trees in Garrison.
Neville, of Somers Point, New Jersey, retails Christmas trees at seven locations in New York City.
“Many people call me the ‘Tree Lady’ or the ‘Tree Whisperer,'” she states on her website, “being that I have a sixth sense in finding my customers the perfect tree.”
On Sept. 13, NYC Tree Lady ordered 1,300 balsam firs, ranging from five feet to 10 feet and priced from $38 to $80 each. The invoice indicates that the trees were to be shipped from Nova Scotia, Canada to Garrison.
The price was set at $72,445, for an average of $55.73 per tree.
Neville charges from $150 to $845 for Canadian balsam Christmas trees, according to her website.
Neville arranged for 690 trees to be shipped to her and she paid $33,380, according to the complaint, but she allegedly refused to take delivery of 610 trees or pay the $39,065 balance.
Cockburn Farm stored the unclaimed trees and then chipped and disposed them for $3,800, according to the complaint.
Peekskill attorney Andrea N. Catalina argues that Neville must pay Cockburn Farm $42,865 for breach of contract and an additional $128,596 in treble damages for fraud.
Neville did not reply to a message asking for her side of the story.
