Legal Question in Civil Litigation in New York

I recently won a case, by arbitration, in small claims court. The defendant (a large car dealership) did not show up. The Notice of Judgement says that the defendant may be given another hearing if he/she can offer a legitimate excuse for not showing up. It took 8 months to set up a hearing, and both parties had ample notice. If the defendant takes this course, how likely is it that he will be granted another hearing by the courts?

Asked on 6/09/13, 7:44 pm

1 Answer from Attorneys


My hunch is that they did not want to subject themselves to further embarrassment and that you may act on the judgment with the dealership coming to an amicable understanding with you. Ultimately, it would be up to the judge to decide if they have a valid excuse for absence in the first instance.

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Answered on 6/09/13, 9:31 pm

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