Legal Question in Civil Litigation in New York
Trial De Novo After Arbitration
Hello. I recently lost my case against a store owner in small claims court. One of the lawyers here kindly responded to my query about what I should do next, but he said there was nothing I could do because arbitration is final. I looked at the website for the NYC Civil Court and found a page regarding ''Trial De Novo.'' It says ''If, after you have participated in an arbitration hearing in the New York County Civil Court, you are disatisfied with the outcome, you may file a request for a new trial before a Civil Court Judge. A request for a new tril after arbitration is known as a trial de novo.'' So now I am confused. May I file one of these and have my case heard by the judge instead of another arbitrator?
2 Answers from Attorneys
Re: Trial De Novo After Arbitration
I'm 99% sure that what you are looking at are the rules for the Civil Court, not Small Claims!
Civil Court is a higher court than Small Claims. Civil Court handles matters under $25,000.00, while Small Claims only has jurisdiction up to $5,000.00. Arbitration in Civil Court is mandatory but not final. Small Claims arbitrations are voluntary but are final, final, final.
Sorry that I don't have better news for you.
Re: Trial De Novo After Arbitration
I concur with Marshall. He is 100 correct.
Next time you have a legal matter consult with an attorney before you go to court.
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