Legal Question in Civil Litigation in New York
Small Claims Suit
My sister is suing me for over $900. We went to Florida together, split the rent of a condo, she called the cops on me and I had to leave for 1 night. As the condo was in my name the cops made her leave for teh remaining 3 days. Hence, the $900. On return to NY I sent her a check for half the weeks rent of the condo, she cashed it. after cashing the check she filed suit in small claims court. The judge would not give us an answer last night and I am wondering and worrying what your thoughts are on the matter. Am I paid in full or will the judge go with the $900?
2 Answers from Attorneys
Re: Small Claims Suit
The judge is unlikely to permit your sister a "free ride." Which means, that the court will probably "charge" your sister with the "pro rated" share of her actual use and occupancy of the premises, for the period of the rental- whatever that sum might be.
Good luck,
Re: Small Claims Suit
It looks like you are in for some "rough justice." Here is what I believe is going to happen to you . . . who was the sword wielder? In other words, what did you or your sister do to have the police intervene is a dispute that was likely classified as an incident of domestic violence? This is where a judge is going to balance the equities and rule on a mixture of landlord/tenant, contract and family law. Thus, you may want to re-think your case and whether you are likely to prevail on the underlying argument between you and your sister.
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