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Counter suing and timelines in NY?

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Apple15

Junior Member
NEW YORK

BACKGROUND:
I paid $6,500 to a contractor who installed an AC unit in my home in early 2007 (this fee included the AC unit and any additional labor). The contractor did a poor job of installing the AC unit and another repair person was hired to repair the unit (cost an additional $1,500 for the labor).

I sued the contractor for $2,000 in small claims court at the end of 2007 and won the case. The contractor paid the $2,000, in installments over the next year.

At the end of 2008, the contractor sued me for $2,000. The hearing was supposed to take place in January, 2009 but the claimant did not show up for the hearing (he had faxed in a letter on the day of court saying he was sick). The court date was moved to mid Feb, 2009. When each of us showed up in Feb, 2009, the judge said they would not be making a decision on the case that evening and instead postponed the hearing until end of April.

Well, the hearing was this evening and the judge settled the case in favor of the contractor (the judge said that either the unit that was originally installed had to be returned to the contractor or the money had to be paid back). So now I have to pay back the $2,000 I won from the contractor...

QUESTION:
From everything that I have read on small claims proceedings the defendant has only 30 days to file a counterclaim against the claimant. So how was the contractor able to sue me over a year and a half later? Can I sue him back again and appear before a different judge (as was the case tonight)? What are my options?

Thanks in advance for any help!
 


BL

Senior Member
NEW YORK

BACKGROUND:
I paid $6,500 to a contractor who installed an AC unit in my home in early 2007 (this fee included the AC unit and any additional labor). The contractor did a poor job of installing the AC unit and another repair person was hired to repair the unit (cost an additional $1,500 for the labor).

I sued the contractor for $2,000 in small claims court at the end of 2007 and won the case. The contractor paid the $2,000, in installments over the next year.

At the end of 2008, the contractor sued me for $2,000. The hearing was supposed to take place in January, 2009 but the claimant did not show up for the hearing (he had faxed in a letter on the day of court saying he was sick). The court date was moved to mid Feb, 2009. When each of us showed up in Feb, 2009, the judge said they would not be making a decision on the case that evening and instead postponed the hearing until end of April.

Well, the hearing was this evening and the judge settled the case in favor of the contractor (the judge said that either the unit that was originally installed had to be returned to the contractor or the money had to be paid back). So now I have to pay back the $2,000 I won from the contractor...

QUESTION:
From everything that I have read on small claims proceedings the defendant has only 30 days to file a counterclaim against the claimant. So how was the contractor able to sue me over a year and a half later? Can I sue him back again and appear before a different judge (as was the case tonight)? What are my options?

Thanks in advance for any help!
Did you bring the 30 days to file an appeal to the Attention of the Court ,the FIRST time , or ANY time you appeared during the appeals trial ?

Or was the Court thinking it was an entirely new matter ?

You could file a motion to set aside( vacate) the order , I suppose .
 

JETX

Senior Member
From everything that I have read on small claims proceedings the defendant has only 30 days to file a counterclaim against the claimant. So how was the contractor able to sue me over a year and a half later?
Because his claim was a new and separate lawsuit.... not a 'counter-claim' at all.
counterclaim
n. a retaliatory claim by a defendant against a plaintiff in a lawsuit included in the defendant's answer and intending to off-set and/or reduce the amount of the plaintiff's original claim against the defendant.


Can I sue him back again and appear before a different judge (as was the case tonight)?
Of course you can sue him. After all, almost anyone can sue almost anyone else. However, unless you are raising OTHER issues, not raised in your previous suit, your 'new' suit will be dismissed. Google 'res judicata'.

What are my options?
Enjoy your A/C.

BTW.... ignore the 'You could file a motion to set aside( vacate) the order , I suppose.' suggestion by BL.
You have NO legal basis to 'set aside' the previous judgment.
 

BL

Senior Member
Because his claim was a new and separate lawsuit.... not a 'counter-claim' at all.
counterclaim
n. a retaliatory claim by a defendant against a plaintiff in a lawsuit included in the defendant's answer and intending to off-set and/or reduce the amount of the plaintiff's original claim against the defendant.



Of course you can sue him. After all, almost anyone can sue almost anyone else. However, unless you are raising OTHER issues, not raised in your previous suit, your 'new' suit will be dismissed. Google 'res judicata'.


Enjoy your A/C.

BTW.... ignore the 'You could file a motion to set aside( vacate) the order , I suppose.' suggestion by BL.
You have NO legal basis to 'set aside' the previous judgment.
(the judge said that either the unit that was originally installed had to be returned to the contractor or the money had to be paid back). So now I have to pay back the $2,000 I won from the contractor...
Not a seperate and new lawsuit , the way the poster wrote it .

If you decide to appeal, you must file a notice of appeal and pay the required fee within 30 days after the judgment is entered. Consult the Small Claims clerk if you wish further information about starting an appeal
.
 

You Are Guilty

Senior Member
Because his claim was a new and separate lawsuit.... not a 'counter-claim' at all.
counterclaim
n. a retaliatory claim by a defendant against a plaintiff in a lawsuit included in the defendant's answer and intending to off-set and/or reduce the amount of the plaintiff's original claim against the defendant.



Of course you can sue him. After all, almost anyone can sue almost anyone else. However, unless you are raising OTHER issues, not raised in your previous suit, your 'new' suit will be dismissed. Google 'res judicata'.


Enjoy your A/C.

BTW.... ignore the 'You could file a motion to set aside( vacate) the order , I suppose.' suggestion by BL.
You have NO legal basis to 'set aside' the previous judgment.
I think he was referring to the recent decision finding in favor of the contractor - for which OP gets 30 days to "appeal".
 

JETX

Senior Member
I think he was referring to the recent decision finding in favor of the contractor - for which OP gets 30 days to "appeal".
YAG, my friend, I don't think he was referring to the NEW case when the OP said, "From everything that I have read on small claims proceedings the defendant has only 30 days to file a counterclaim against the claimant. So how was the contractor able to sue me over a year and a half later?"

It is clear that he was questioning the contractors 'counterclaim' being filed 18 months later.... and he was assuming that the NEW lawsuit was a 'counterclaim' from the ORIGINAL suit.
 

Apple15

Junior Member
Because his claim was a new and separate lawsuit.... not a 'counter-claim' at all.
counterclaim
n. a retaliatory claim by a defendant against a plaintiff in a lawsuit included in the defendant's answer and intending to off-set and/or reduce the amount of the plaintiff's original claim against the defendant.



Of course you can sue him. After all, almost anyone can sue almost anyone else. However, unless you are raising OTHER issues, not raised in your previous suit, your 'new' suit will be dismissed. Google 'res judicata'.


Enjoy your A/C.

BTW.... ignore the 'You could file a motion to set aside( vacate) the order , I suppose.' suggestion by BL.
You have NO legal basis to 'set aside' the previous judgment.
Isn't there a statute of limitation on these kinds of claims? What would stop someone from suing back countless times? In this case, we sued - we won (it was an arbitrator, by the way). Then he sued and he won (a judge this time). So what if we sue him next and win (we would bring up a new matter in court - just found out his license to install AC's was expired at the time)? And then he could sue us back? Doesn't see like a good way to structure the legal system. So any thoughts?

Thanks again!
 

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