Legal Question in Appeals and Writs in New York

can you appeal?

OK here is the problem. I sued my tenant for the water bill which he was to pay, there was a leak in the bathroom faucet which I was not told about till After the moved out. The water bill was 450.00 and his security was 400. He also damaged a door and I had a carpenter replace the door and took that out of the deposit. I sued him in court for this date and he countersued me for the whole deposit saying I knew about the leak and never fixed it(lie)I went to court today at my scheduled time and the guard told me it was for yesterday, I guess they switched the date when he countersued.Since I wasn't there yesterday but showed up today they gave him the win and I have to pay him 410.00. I know with all the paperwork and bills that I would have won. Can I appeal the court and take him back to court since the date was changed on his paper and not mine??


Asked on 8/28/03, 12:23 pm

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Re: can you appeal?

I assume this is small claims court.

You would have to prepare and serve a motion by Order to Show Cause to Vacate the Default Judgment. The Court Clerk can help you with the necessary forms.

Mike.

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Answered on 8/28/03, 2:29 pm


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