Legal Question in Civil Litigation in New York

1. A dispute over $1600 is probably not worth the cost of the litigation.

2. Yes, you can counterclaim for the amount of any provable losses - however, depending upon the court and your level of proof, your claim may not get very far.

3. Whether you need an attorney or not depends upon your experience and ability to present your evidence and any legal arguments necessary in the course of your case.

Bottom line: this looks like an area for negotiation, not litigation.

I have a lot of experience on this issue.

First, you must answer the complaint and submit a counterclaim. The basis of the counterclaim is breach of contract and/or negligent installation of the heating system.

Second, you must establish the poor work and the contactor's negligence. You should do this with an expert.

Third, you must establish damages. Normally this is done through either the expert or estimates for repair. Ultimately, with the winter months coming, you must repair the heating system otherwise you will have issues concerning the water pipes.

Do you need to spend money and hire an attorney? That is a "business" decision.

Mike.

1. The Terms of your Contract Agreement with the Contractor will control your remedies

2. If the Complaint was filed in Small Claims Court, you may answer in person (Pro Se) by: Filing a Written Answer and CounterClaim within the time allowed.

3. Your Answer should may include a General and Specific Denial that you owe the Contractor money. And, the Counterclaim should include your costs and expenses in remedying the shoddy workmanship.on your premises, by the Contractor, in excess of what you paid and Contractor Claims you owe; along w/ your costs for consequential damages, if any.

4. If your Counterclaim is above the Small Claims Court Limit, you may want to start your own Complaint for Consequential & Ancillary issues, (such as your loss of income from apt, frozen pipes, damages to the Tenants, etc.) that you might be unable to include in your counterclaim, as directly related to the Petitioner's CLaim..

5. Small Claims Court is considered a "Pro Se" Court, which means that there is usually a Desk at the Court with materials, Booklets and Forms to help an individual represent themself.

6. The Decision you obtained may be presented as evidence of your Claims; as well as at least three reputable company's estimates of the cost to repair the condition created by the "shoddy" construction work on your premises.

Good luck,