Legal Question in Civil Litigation in New York

Can a small claim be refiled if not dism?

Hi,

I took someone to small claim court because they had owed me money for services performed by me. The case was heard by an arbitrator. I think that this arbitrator was not playing with a full deck because after all was said and done he found againt me, I believe because the arbitrator did not see all the evidence in court, one of the signed contract which was central to my case was not seen by the arbitrator, I don't know why he did not want to see it. Anyhow, the arbitrator's decision states that my case was dismissed after inquest or trial. The question I have is: My case was dismissed but it was not ''dismissed with prejudice'' can I still refile this case so that I can show the missing evidence that he did not see the first time? I think I hear that an arbitractor's decision is not appealable, but then I heard that since it was not dismissed with prejudice that I still can file it. Any help would be appreciated..


Asked on 8/26/05, 7:12 pm

2 Answers from Attorneys
David Slater David P. Slater, Esq.

Re: Can a small claim be refiled if not dism?

no

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Answered on 8/26/05, 8:35 pm
Kevin Connolly Kevin J. Connolly

Re: Can a small claim be refiled if not dism?

Mr. Slater is correct. A wee clarification for any other readers: a small claim heariing is the equivalent of a trial. When a case is dismissed before trial, the dismissal is without prejudice unless it says that it is with prejudice; a dismissal at or after trial is with prejudice unless it says without prejudice. Are you confused yet?

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Answered on 8/27/05, 9:27 am


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