Legal Question in Business Law in New York

Ignorant Judge

Recently I appeared for the second time in small claims court, where i am suing an attorney for failure

to pay 2 invoices for court reporting services rendered. Attorney had agreed back in Oct., when case

was originally on calendar, to pay in 30 days. When he did not, I went back to court.

The attorney did not appear the second time case was on, so I proceeded with the case. On inquest, Judge said I had no proof because I had nothing in writing.

Judge obviously has been out of the loop. In all my years as a court reporter, I have never asked any attorney to sign a contract before providing my services. In fact, the entire industry operates in this fashion.

Judge also would not allow me to place a statement on record at end of inquest, when it was obvious that he was going to rule against me.

Was judge wrong? Is there any prevailing case law?

Don't I have a right to make a record?

anybody got any answers?


Asked on 11/07/00, 9:14 pm

2 Answers from Attorneys
Jason Stern Law Offices of Jason Stern

Re: Ignorant Judge

The issue is whether the "judge" was an actual judge or merely an arbitrator. In NYC, 95% of the small claims court judiciary are arbitrators and their decisions are non-appealable. If the person was a real judge, you can appeal the decision. That judge sounds like a real idiot. Good luck!

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Answered on 11/18/00, 5:26 am
David Wright Law Offices of David Wright

Re: Ignorant Judge

Well, let's just see....

1. Generally, no you don't need a writing from somebody for who you've agreed to render services, and you render those services and the jerk doesn't pay you. That's a no-brainer.

2. It may be the judge was smart. There was a case a couple of years ago in which an attorney argued that he should not be personally liable for a court reporter bill. His theory was that he was an agent for a disclosed principal, i.e. his client. Under NY law, generally the agent ain't liable. Court reporting industry intervened in the case and, I think, lost. I wish I had the time to pull that case for you, but I don't -- you ought to check it . . . I thought ALL court reporters would be familiar with it!!!

Your best move, if in fact you've now lost the case as against the attorney, is to sue the client directly.

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Answered on 11/19/00, 1:56 pm


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