Syosset lawyer Warren Dank had claimed Sears did not honor...

Syosset lawyer Warren Dank had claimed Sears did not honor its policy. The trial jury disagreed. Credit: John Dunn

A jury has ruled against Syosset lawyer Warren Dank, who sued Sears for allegedly improperly refusing to honor its price-matching policy in 2007, forcing him to pay $400 more than he believes he should have for a TV.

The six-member jury in State Supreme Court in Mineola ruled on Nov. 15, according to an aide to Justice Stephen Bucaria, who presided over a five-day trial.

Dank, who represented himself, said he would appeal. A Sears spokeswoman said after the verdict it would continue to withhold comment. In court papers it has denied any wrongdoing.

Sears' policy stated, "If you find a lower price on an identical branded item with the same features currently available for sale at another local retail store, Sears will match that price plus give you 10 percent of the difference." Dank had contended that in February 2007 personnel at Sears' Hicksville and Garden City stores refused to match lower prices advertised for a television by J&R Music World and Price Mad.

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