Legal Question in Appeals and Writs in New York

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.

Asked on 11/04/97, 10:35 am

1 Answer from Attorneys

Bunji Fromartz Fromartz Law Offices

Small claims appeal

If the matter was before a judge and not an arbitrator you may appeal the decision. As you withdrew your counterclaim and no decision was made on the merits of your counterclaim and it was small claims, you may be able to start your action again. If you agreed to withdraw your case "with prejudice" you may be forestalled from restarting your action.

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Answered on 11/12/97, 4:38 pm

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