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  1. #1
    dw5107 is offline Junior Member
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    Sued twice in NY for same thing??

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

    In October of 2010 I was taken to small claims court, the judge awarded $50 to the plantiff for miscommunication. I sent payment through registered mail but the plantiff never picked up the letter. I still have the check in the sealed envelope after the post office returned it to me. In October of 2011 the plantiff took me back to court for the same thing. The judge said he had reviewed the first case and asked the plantiff if the second claim was for the same thing and the plantiff told him "Yes it is". Knowing it was for the same reason the judge went on with the case anyway and awarded the plantiff $500 the second time. I asked the judge how could I be sued twice and got no reasonable answer. How can I be sued twice for the same thing? I'm not sure what to do about this, is there a court review board I can contact in NY? It really doesn't seem fair that I can be sued twice, what is going to stop the plantiff from trying this over and over especially when the judge let him.
    Thank you
  2. #2
    sandyclaus is offline Senior Member
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    Quote Originally Posted by dw5107 View Post
    What is the name of your state (only U.S. law)? New York

    In October of 2010 I was taken to small claims court, the judge awarded $50 to the plantiff for miscommunication. I sent payment through registered mail but the plantiff never picked up the letter. I still have the check in the sealed envelope after the post office returned it to me. In October of 2011 the plantiff took me back to court for the same thing. The judge said he had reviewed the first case and asked the plantiff if the second claim was for the same thing and the plantiff told him "Yes it is". Knowing it was for the same reason the judge went on with the case anyway and awarded the plantiff $500 the second time. I asked the judge how could I be sued twice and got no reasonable answer. How can I be sued twice for the same thing? I'm not sure what to do about this, is there a court review board I can contact in NY? It really doesn't seem fair that I can be sued twice, what is going to stop the plantiff from trying this over and over especially when the judge let him.
    Thank you
    When you say, you were sued for the same thing, exactly what does that mean? Did the same thing happen twice, and that's why you were sued a 2nd time, or were you sued a 2nd time based solely upon what happened the first time (i.e., the exact same cause, the same timeframe, it didn't happen a 2nd time, etc.)?

    More details are needed on exactly the basis for suit, both the first and second time. I can't fathom that a judge would actually HEAR a case a second time that was already adjudicated the first time. There MUST be more to the story than you are telling us.

    If what you say is true, then you need to avail yourself of the appeals process - if there is still time to do so, that is. You have 30 days from the date that judgment was made in order to pay the fees and file your appeal. If that time has already passed, then you might just be out of luck.
  3. #3
    dw5107 is offline Junior Member
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    I made the mistake of helping my wife's nefew with his car. I rebuilt the engine in the car as well as replaced numerous other parts. The total for just the parts was $930, I didn't charge him any labor for the work because he was family. On his way home the oil pump failed which I hadn't replaced it originally because it looked to be in good condition. I told him to buy a new pump and I would replace the crankshaft out of my pocket and install the parts. He refused to pay for the oil pump and demanded I give him all of his $930 back for the parts I put into his car. During the first court he tried to sue me for the parts and because he claimed he had to buy a car while he was waiting for the one I was working on. The reciept he gave to the judge for the car he bought was dated 3 months prior to me getting his car to fix so the judge wasn't pleased he was lying about what really went on. We went to court and the judge awarded him $50 for lack of communication? This was in Oct of 2010. The judge also told him to pickup the vehicle from my property because he wasn't going to fix it. He left the car until the end of March 2011. In October of 2011 he took me back to court claiming I had stolen parts from his car. He didn't get what he wanted the first time so he said I stole the parts and took me back to court for $950 to get the money back for the parts again. The judge asked him if this was for the same thing as the first court date and he told him it was. The judge never asked him what was supposedly missing from the car. All the parts were put into the trunk, he waited an additional 7 months after picking the car up to even make a claim then didn't even have to prove anything was missing. The judge awarded him $500 but gave no explanation as to why, I was also given no explanation as to why he was allowed to sue me again especially after waiting 7 months from the time he picked the car up to make a claim.

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