Legal Question in Civil Litigation in New York
having a case heard in more than one civil part
My business had a contract to develop some software for a client. They cancelled the contract and took us to small claims court to recover their downpayment. The judgement is still pending. The contract we were working under was not signed by the other party, so the judge ruled it not in evidence. The contract stipulated that any dispute would go to the American Arbitration Association. (1) Can I still start a claim in the AA (2) Can I file a counterclaim in another part, for more than $5000.
Thanks,
-sergio
2 Answers from Attorneys
Re: having a case heard in more than one civil part
This is an interesting question.
The terms of a contract can, sometimes, be binding even if the contract is not signed. But here, the contract is of limited utility.
You may bring an action for the work you have done if you reasonably relied on promises of the other side.
The judge may have found that: their not signing the contract was evidence of their lack of promises to you and agreements with you and your reliance was not reasonable.
Hard to know what the judge found without a written opinion, but that is my best guess.
Re: having a case heard in more than one civil part
In the absence of a written agreement to arbitrate, you cannot enforce the arbitration provisions of the unsigned agreement.
You probably can pursue your counterclaims.
Please let me know if I can be of further help.
Daniel Clement
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