Legal Question in Civil Litigation in New York

appeals

I'm party to a Supreme Court action for encroachment by the defendant, wherein I am represented by an attorney. Stemming from this case, I initiated a Civil Court action pro se against a land surveyor. The judge in the Supreme action rewrote my property lines to represent the survey provided by this surveyor (defendant in the Civil suit). I have pictures indicating that the survey was wrong, however the judge in the civil suit says she cannot do anything with that proof since the survey was accepted by the supreme court, and ''is now the law''. how can I go about changing this. Do I make a motion before the judge in the supreme case or do I file for an appeal? Any other suggestions would also be greatly appreciated. I sincerely thank you in advance for your time.


Asked on 9/09/08, 4:40 pm

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

Re: appeals

The Civil Court Judge is correct. The correct legal term is collateral estoppel or issue preclusion. The issue (property lines) was decided by the Supreme Court.

You would have to both 1. File a motion to renew or reargue and 2. File a Notice of Appeal. Your Supreme Court attorney should be handling both of these items.

If the motion is denied you would have to perfect the appeal. That means, filing a record and brief with the Appellate Division for review and decision. I have experience with appeals. If you want you can retain this office for the appeal.

Mike.

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Answered on 9/10/08, 9:03 am


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