appeals in small claims

[rachelf]

What is the name of your state (only U.S. law)? ny

Hi, the defendant misrepresented some facts in my case that the judge took his word for, in a small claims case. He claimed something that was not true, and I couldn't prove otherwise or dispute it so the judge dismissed the case. I had the evidence to dispute it but I didn't know they would lie about this so I didn't bring it with me. I think it affected the outcome of the case. Can I appeal based on this (perjury) and what are the chances of winning?

What are usually the grounds for appalling? what % of cases are appealed?

 

[rachelf]

also, are appeals public record?

 

[seniorjudge]

http://www.courts.state.ny.us/courts/nyc/smallclaims/pdfs/smallclaims.pdf

...
Few small claims decisions are appealed, and very few appeals are successful.
The appellate court will consider only whether substantial justice was done between the
parties. The appellate court will not reverse a small claims decision because a technical
mistake was made during the hearing.
...

Read the whole thing.

"I forgot to bring all my evidence" is NOT a basis for appeal.

 

[rachelf]

what about that the defendant lied and if i can prove he lied?

 

[dolebot]

what about that the defendant lied and if i can prove he lied?

Wow.... just.... wow. You gave her the answer SJ and "shooooooop" right over the head.

Few small claims decisions are appealed, and very few appeals are successful.
The appellate court will consider only whether substantial justice was done between the
parties.

In appeals court, they generally don't consider anything new. They review the case as it happened to determine whether the outcome was proper based on the evidence provided. If you didn't raise that objection at the original trial - you won't be able to insert it.

 

[chuck126]

S.c. Appeal

rachelf:
You should have brought up the evidence you had to trial to prove your point, like dolebot said you can't bring up anything new on appeal that was not presented at trial. [If] you had brought it [your evidence]up at trial and the judge rejected your argument, you could appeal on those grounds within 30 days of the Judgment.

What was the date the Judgment was signed?

I suppose the question the appellate court would ask themselves is:
Why did the Appellant fail to bring this issue up during the trial? [If] you can answer this question with good cause, you may have a appealable point,[if] supported with case law from your jurisdiction.
You could claim newly discovered evidence to warrant a new trial, [BUT], I would presume if you did file a motion for a new trial based on newly discovered evidence, there would be a hearing and argument as to [when] you discovered this newly discovered evidence and if it could have/should have been brought up at the original trial. I'm sure the Def. will argue that this newly discovered evidence should have and could have been brought up at the original trial and therefore the Plaintiff's motion should be denied. Then the Judge has to make a determination. If the Def. comes in with a Atty. to defend the motion and wins, you could be liable for atty. fee's. Some stuff to think about...good luck.

 

[BL]

Perhaps you are referring to a Trial De Novo ?

Reference :

http://74.125.95.132/search?q=cache:7uj1l5GbBzAJ:www.nycourts.gov/courts/8jd/pdfs/SMALLCLAIMSBOOKfinal.pdf+NY+State+guide+to+small+claims+court+trial+de+novo&hl=en&ct=clnk&cd=3&gl=us

CAN I DEMAND A TRIAL DE NOVO IF I LOSE?

Any party who is not in default may demand a trial de novo. You must file a
demand with the small claims clerk and serve it upon all opposing parties within
30 days after service upon you of the notice of filing of the Small Claims award,
or if service is by mail, within 35 days. (See Example on Page 15) You cannot file
for a trial de novo if you have signed a Binding Arbitration form. If you have
agreed to Binding Arbitration you waive your right to a trial de novo. (see,
SHOULD I CHOOSE BINDING ARBITRATION")

If you demand a trial de novo, it will be scheduled before a Court
Judge. The Judge will conduct the trial in the same manner as if it were in the
Small Claims Court, however, the award of the Small Claims hearing Officer will
not be reviewed or admitted into evidence by the Judge

 

[rachelf]

Does the info on a trial de novo apply to all of NY? Or just the city of buffalo? this case happened in NYC.
thanks

 

[BL]

Yes it does .

That's why I stated reference .