Legal Question in Business Law in New York

appeals

My husband had a business in new york and did business with a company in nj his company had been dissolved & the company in nj was owed money a suit against the company as well as my husband and myself was filled at arbuitrion we both were taken out of the case and it was just against the dissovled corporation. How much time is there for the other comoany to file an appeal is it more then 30 days can they still appeal this if so what is the cause that will the court to have it appealed (it is almost for months and i have not heard anything) our attorney says we can file a motion to close this and to sue them for our legal files why would i do this wouldnt that make the company that my husband corp owed money to re open their case. I think just get the full close file but then again if we personnal were taken out of the case do we have the right to sue for our legal fees from them please let me know thank you


Asked on 4/02/04, 12:36 pm

2 Answers from Attorneys
Lawrence Simon Law Offices of Lawrence M. Simon

Re: appeals

Your lawyer is correct. The other side has 30 days to file a de novo, or a doument that rejects the award. Your side has to file a motion to confirm between 30 and 50 days. Your lawyer will be filing the motion after their time to file the trial de novo (appeal as you say) has run out. If you don't file the motion to confirm, the case will be dismissed (except for the portion against the corporation), and your ability to pursue attorney's fees will be damaged.

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Answered on 4/02/04, 2:03 pm
Walter LeVine Walter D. LeVine, Esq.

Re: appeals

I concur with Mr. Simon's answer as to the time periods. Cause for the appeal can be based upon several theories, which may or may not apply since your facts are very sketchy. He may appeal you being out of the suit. Not knowing what claims he made in the original suit, and how the trial judge ruled, questions could be raised on appeal whether assets were taken out of the corproation by the stockholders when the dissolution took place. If so, this opens a question of possible fraud on creditors where the assets can be followed by a creditor directly against the stockholders. Also, a possible claim could be made on thin capitalization, which if approved could also hold the stockholders responsible. On you minimal facts, the best is to see if the appeal is filed, and if not timely filed, have your attorney file for closure.

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Answered on 4/02/04, 6:13 pm


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