Legal Question in Appeals and Writs in New York

Second appeal for small claims action

I recently lost a case in small claims court and had an attorney appeal it. I lost the appeal. Sice that time I have discovered that the judge is a close friend of my adversarie's father who is an attorney and helped his son with the case. I read that a case may be re-opened. Is this true and how do you accomplish this? I feel the judge should not have heard the case. Is this grounds to take the case further? Also thre judge allowed hearsay evidence which I feel is grounds for appeal based on insufficient justice. Is this correct?

Thank you


Asked on 3/25/04, 10:29 pm

1 Answer from Attorneys
John Kirby Law Offices of John M. Kirby

Re: Second appeal for small claims action

We really need more information to provide an answer. For example, why and how did you lose the case? Was it a non-jury trial? (Often small claims is appealed to an arbitration process, and then a district court trial.) Technically, it sounds like the procedural vehicle would be a Rule 60 motion for reconsideration (or motion for relief, technically speaking). This would be very difficult for a non-lawyer to handle properly. Also, it is not clear that there was a sufficient conflict, so as to require the judge to recuse himself. As for hearsay, that too is difficult. First, is it really hearsay? (This is a trickly legal issue.) Second, is it admissible hearsay? (Much hearsay is admissible.) Third, was it prejudicial? (Many admissions of improper evidence are found to be non-prejudicial on appeal.) If you want to pursue this, you should reall contact a lawyer.

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Answered on 3/30/04, 11:09 pm


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