Legal Question in Civil Litigation in New York

Re: Counter lawsuit

You didn't ask a question!

But before you re-post, I will throw out a few concepts (which, of course are dependent on facts we don't know), and you can elaborate more when you do re-post your question.

First, you are in small claims court. Generally that means you will be given an option to arbitrate your claim. You only want to do that if the technical law is not on your side, you can't prove your case, or you lack witness support.

Arbitrators don't necessarily follow the law, but as long as their reasoning is not arbitrary and capricious, their decisions will be upheld.

You sued for property damage (destruction of property is a crime). Hopefully you have pictures of the property that was damaged, witnesses that will say they saw your Ex do it, and an estimate to fix the damage or a repair bill. Without that, you will lose your case.

Your Ex's counterclaim: it was a gift. Perfect defense. You were boyfriend and girlfriend. If there were never any words or conduct indicating an expectation to be paid back, then you're in good shape. And hopefully no IOU's or anything in writing. Your Ex will use the cancelled checks as proof the money was paid. Big deal. You acknowledge that. As long as there is nothing written in the memo part of the check suggesting it is a loan.

Sometimes the best defense is a good offense. I think that may be what your Ex is trying to do. Hoping the amounts of the checks will offset what you are claiming for the property damage. If that is a result you can live with, then arbitration is not such a bad option -- in fact, the judge or arbitrator may be able to settle the case after speaking with both sides briefly.

If you want to be more stubborn about it, and can prove your case, then insist on having a trial with the judge. Make sure your Ex has no witnesses on the counterclaim. If he doesn't, he will be viewed as a disgruntled ex-boyfriend. What counts was his intention at the time, and at the time, the checks were a gift.

Good luck. Any more facts you wish to add may change this response.