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New York Small Claims Court - Appeal

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Transender46

Junior Member
What is the name of your state (only U.S. law)? New York

I had a landlord who has lawyers in his family, so he thinks he can just use and abuse the legal system any way he wishes since he never incurs legal expenses.

I won a small claims case against him for the return of my security deposit. He bumped it up to the court of appeals.

He is claiming that the lower court judge failed to provide a detailed explanation of his ruling - including 'essential details' of the case leading to his ruling.

Are small claims court judges required to explain their ruling? I would think not since many of these small claims cases get VERBAL rulings - on the spot - at the end of trials. It is hard for me to believe that a small claims court judge would be required to write legal justifications for all of their rulings. it would take a ridiculous amount of time and resources from the courts.

He is also resubmitting invoices for supposed damages to the apartment. Is he allowed to do this again? wasn't that the point of the trial? can he resubmit evidence - without cross examination - to an appellate court? Isn't he limited to showing how the lower court made and error?
 


Transender46

Junior Member
not what i asked.

is a small claims judge required to explain his ruling? give a written ruling that includes the essential details of the case?
 

Silverplum

Senior Member
not what i asked.
It's part of what you asked, by implication.

Further, advisors are able to answer whatever portions of posts they choose. And, for all I know, the answers are within the link.

Transender46 said:
is a small claims judge required to explain his ruling? give a written ruling that includes the essential details of the case?
 

Transender46

Junior Member
well - if anyone would like to help me - it would be very much appreciated.

the specific question is:

is a New York small claims judge required to explain his ruling? is he required to give a written ruling that includes the essential details of the case? .
 

latigo

Senior Member
What is the name of your state (only U.S. law)? New York

I had a landlord who has lawyers in his family, so he thinks he can just use and abuse the legal system any way he wishes since he never incurs legal expenses.

I won a small claims case against him for the return of my security deposit. He bumped it up to the court of appeals.

He is claiming that the lower court judge failed to provide a detailed explanation of his ruling - including 'essential details' of the case leading to his ruling.

Are small claims court judges required to explain their ruling? I would think not since many of these small claims cases get VERBAL rulings - on the spot - at the end of trials. It is hard for me to believe that a small claims court judge would be required to write legal justifications for all of their rulings. it would take a ridiculous amount of time and resources from the courts.

He is also resubmitting invoices for supposed damages to the apartment. Is he allowed to do this again? wasn't that the point of the trial? can he resubmit evidence - without cross examination - to an appellate court? Isn't he limited to showing how the lower court made and error?
I think you will find that upon an appeal from a decision in small claims the case is tried "de novo”. That is, afresh and without regard to the proceedings below.

However, it seems that the rules of procedure vary among different districts and cities. So I can’t tell whether the landlord would be permitted to first introduce a counterclaim on the appeal. But I’m confident that neither party’s proof would be restricted to the same evidence submitted below.

What you might do is to call the law offices of one the many attorneys that advertise as practicing in New York’s small claims courts.

Good luck
 

Transender46

Junior Member
thank you. I appreciate that response.

i believe the rules in Nassau County NY only allow for De Novo trials if an arbitrator decided the case. In the case of a trial by judge:

If a judge decided your case…
You can ask a higher court to review your case. This is called an “appeal.”
Is it hard to win an appeal?
Yes. Very few small claims decisions are appealed, and very few appeals are successful. The higher Court will only decide if there was substantial justice between the parties. That means deciding if the trial was basically fair. The higher Court will not change a small claims decision because of a technical mistake made at the trial.​

best regards
 

latigo

Senior Member
thank you. I appreciate that response.

i believe the rules in Nassau County NY only allow for De Novo trials if an arbitrator decided the case. In the case of a trial by judge:

If a judge decided your case…
You can ask a higher court to review your case. This is called an “appeal.”
Is it hard to win an appeal?
Yes. Very few small claims decisions are appealed, and very few appeals are successful. The higher Court will only decide if there was substantial justice between the parties. That means deciding if the trial was basically fair. The higher Court will not change a small claims decision because of a technical mistake made at the trial.​

best regards

I fear you are much mistaken in some of your statements.

For one, a decision by the court is appealable whereas one submitted by an arbitrator is not.

Two, by definition a trial “de novo” does not involve reviewing and assessing whether or not substantial justice was afforded by the lower court’s orders. The trial begins anew.

I don’t know where you came up with our statistics as to the probability of successfully appealing a small claims decision, but clearly you will find more qualified and experienced jurists at the appellate court level. Few of which would hesitate to reverse a small claims judge when found necessary to conform to law.
 

Zigner

Senior Member, Non-Attorney
OP got the info from http://www.nycourts.gov/courts/10jd/suffolk/dist/smallclaimsbook.shtml#appeal
 

You Are Guilty

Senior Member
I believe you can only get a Trial De Novo after using an arbitrator in Suffolk County, not Nassau, but that may have changed in the past few years. Generally, arbitrators' decisions are the final word.

To answer the latest question, however, yes, a judge is supposed to provide a written decision (as are arbitrators, for that matter). For example:
Uniform RUles S.210.41 said:
(5) The arbitrator shall make an award in writing and file the same forthwith, together with his or her opinion, if any, with the clerk of the small claims part. Unless both parties file a request in writing not to enter judgment, the clerk shall, within two days after the filing of the award, enter judgment in accordance therewith, provided the award has been filed within 30 days from the date of filing the consent. The time within which the clerk shall enter judgment may be extended by a stipulation in writing for a further period not to exceed 30 days.
More info here: http://www.nycourts.gov/courts/10jd/suffolk/dist/pdf/UCS_Small_Claims_Booklet.pdf
 

Transender46

Junior Member
Thank you all for these responses.

I believe you are correct that judges must provide a written decision (which in my case the Judge did). He wrote something very generic like "based on the credible evidence provided, substantial justice dictates that I find for the Plaintiff" (I am paraphrasing)

The Defendant is appealing on the basis that the Judge did not include essential details of the case in his written decision - as if the Judge is compelled to go into the details of the evidence - in his written decision.

I think this is a ridiculous basis for appeal of a small claims case. It the Appellate court were to allow for this the burden on the lower court would be substantial. Every judgment would require a written explanation of the verdict with essential details of the evidence and the judge's interpretation of that evidence.

I know that in California you can send a written request to the judge for an explanation of his decision - but according to the law the judge is under no obligation to comply. I suspect New York has a similar provision - but I can't seem to find it in writing.
 

You Are Guilty

Senior Member
The Defendant is appealing on the basis that the Judge did not include essential details of the case in his written decision - as if the Judge is compelled to go into the details of the evidence - in his written decision.
I think this is a ridiculous basis for appeal of a small claims case. It the Appellate court were to allow for this the burden on the lower court would be substantial. Every judgment would require a written explanation of the verdict with essential details of the evidence and the judge's interpretation of that evidence.
As I do not know the particulars of your case I cannot comment specifically, but generally, this would not be a valid basis for an appeal.
I know that in California you can send a written request to the judge for an explanation of his decision - but according to the law the judge is under no obligation to comply. I suspect New York has a similar provision - but I can't seem to find it in writing.
I have long ago learned to "never say never" (thanks Sean Connery!), so while it's possible something like this exists, I have never come across or heard of it. About the closest I could come would be to file a formal motion for reargument/clarification (CPLR 2221(d)), but that brings with it a whole new can of worms.
 

BL

Senior Member
Thank you all for these responses.

I believe you are correct that judges must provide a written decision (which in my case the Judge did). He wrote something very generic like "based on the credible evidence provided, substantial justice dictates that I find for the Plaintiff" (I am paraphrasing)

The Defendant is appealing on the basis that the Judge did not include essential details of the case in his written decision - as if the Judge is compelled to go into the details of the evidence - in his written decision.

I think this is a ridiculous basis for appeal of a small claims case. It the Appellate court were to allow for this the burden on the lower court would be substantial. Every judgment would require a written explanation of the verdict with essential details of the evidence and the judge's interpretation of that evidence.

I know that in California you can send a written request to the judge for an explanation of his decision - but according to the law the judge is under no obligation to comply. I suspect New York has a similar provision - but I can't seem to find it in writing.
Judges ,and I have received such decision without a detailed reason.

If one is not satisfied they have a right under restrictions to file for a trial de-Novo ( which I have been through as a plaintiff ).

I'm not exactly sure what the LL is asking for .

Has anything accually been filed with the court after the small claims decision .

I'd call the clerk of the court and see where the case is at .

And although a Trial Denovo start a new trial , in one of my cases a lawyer brought up the prior small claims ruling.

I almost won I beleive ,except for being uptight and a slip of the toung.
 

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