New York  |  Appeals and Writs

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11/04/97, 10:35 am

Legal Question


Small Claims and Judgements

Small Claim filed by party looking for reimbursement on a failed part. I counterclaimed due to fact that I was only the installer and the manufacturer of part was at fault. In addition, my counterclaim was for damages I incurred to remove and replace the part in the vehicle on two separate occasions. Our day of court came, I brought the "expert" witness to verify that I would have no knowledge of the internal failed part and the manufacturer was at fault. The JUDGE stated "you will be willing to drop your counterclaim for damages as a good businessperson - correct" -- I agreed based on my feeling that the judge saw the claim in my favor and additional monies would be an overkill.

I then waited the estimated 6 weeks for the decision, and to my dismay it was in favor of the defendant.

I am totally dismayed by the judges decision, and more importantly wante to know if I can now seek counterclaim/appeal (thanks to the judge determining that it might be in might best interest to drop it at the time of court).

In addition, in doing so...should I file a claim against the manufacturer to realize the money I lost from their error, and with this prevent continue action to secure the judgement against me in the interim.


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