won an arbitration award against ex landlord

[upstate240sx]

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


I won an arbitration award against an ex landlord, she filed for a trial de novo and i got the results from the judge saying the case was dismissed. I am curious if im still entitled to the original award amount.

I asked the court clerk, and they said the original arbition does not stand anymore because the trial de novo was filed, even through it was dismissed. So now i have to file an appeal?

This is a pain, seeing that she lost the original arbitration award and her trial de novo was dismissed.

 

[BL]

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


I won an arbitration award against an ex landlord, she filed for a trial de novo and i got the results from the judge saying the case was dismissed. I am curious if im still entitled to the original award amount.

I asked the court clerk, and they said the original arbition does not stand anymore because the trial de novo was filed, even through it was dismissed. So now i have to file an appeal?

This is a pain, seeing that she lost the original arbitration award and her trial de novo was dismissed.

http://www.courts.state.ny.us/ithaca/city/webpageguidetosmallclaims.html[/U]]A Guide to Small Claims Court

SHOULD I CHOOSE A JUDGE OR AN ARBITRATOR?

In Town and Village Courts and in many other courts, only judges are available to try cases. However, in New York City, Nassau and Westchester counties, the cities of Buffalo and Rochester, and some other locations, both judges and arbitrators are available to try cases.

An arbitrator is an experienced lawyer who serves without pay. Where arbitrators are used, there usually are many arbitrators available and only one or two judges. Your case can be tried by an arbitrator if both sides agree. If you and the defendant agree to have your case heard by an arbitrator, the case probably will be heard sooner because there are more arbitrators than judges.

Do not hesitate to have your case tried by an arbitrator. He or she will apply the same law to your case as the judge would apply. The hearing before an arbitrator is less formal, and you may not be as nervous as you might be before a judge. When an arbitrator determines a case, the decision is final and there is not further appeal by either the claimant or defendant.

This is why the Trial De Novo was dismissed .

Does the dismissal letter indicate why ?

You have your arbitration award letter ,use it for collections .

Perhaps the clerk missunderstood .

Clerks do have supervisers , that's who you would ask to reveiw the file .

Perhaps the file hadn't made it's way back to records yet.

 

[upstate240sx]

thanks you for your response,
i have to say i have seen this page 100 times lol, what bothers me is that for some reason rochester city court does not follow the procedure , despite it being listed on a ny.gov site. any how after i won the arbitration award, the award summary also came with an information sheet for both parties, this sheet stated that if either party was unhappy with the outcome that they could file a trial de novo. this totally contradicted what was listed on the link your provided (that i head read going into this matter) . any how she presented her lies at the trial de novo as well, apparently oil dripping from my car caused 1000 in damge to her driveway, she said it was 300 to clean food from teh garbage disposal, the list of phony charges go on, none of which she had a reciept for , just false damages written on a steno pad with round even numbers listed next to them. any how the judge that oversaw the trial de novo stated he dismissed her claim because she could not prove they she had more damages then what the security deposit covered. what i did not make clear, was the fact that i wanted the deposit back to the judge, as his decision makes no reference to the deposit , i can attach pic of the paperwork i have as well.

 

[Zigner]

thanks you for your response,
i have to say i have seen this page 100 times lol, what bothers me is that for some reason rochester city court does not follow the procedure , despite it being listed on a ny.gov site. any how after i won the arbitration award, the award summary also came with an information sheet for both parties, this sheet stated that if either party was unhappy with the outcome that they could file a trial de novo. this totally contradicted what was listed on the link your provided (that i head read going into this matter) . any how she presented her lies at the trial de novo as well, apparently oil dripping from my car caused 1000 in damge to her driveway, she said it was 300 to clean food from teh garbage disposal, the list of phony charges go on, none of which she had a reciept for , just false damages written on a steno pad with round even numbers listed next to them. any how the judge that oversaw the trial de novo stated he dismissed her claim because she could not prove they she had more damages then what the security deposit covered. what i did not make clear, was the fact that i wanted the deposit back to the judge, as his decision makes no reference to the deposit , i can attach pic of the paperwork i have as well.

Did you file a claim (ie: countersue) for your deposit>

 

[BL]

thanks you for your response,
i have to say i have seen this page 100 times lol, what bothers me is that for some reason rochester city court does not follow the procedure , despite it being listed on a ny.gov site. any how after i won the arbitration award, the award summary also came with an information sheet for both parties, this sheet stated that if either party was unhappy with the outcome that they could file a trial de novo. this totally contradicted what was listed on the link your provided (that i head read going into this matter) . any how she presented her lies at the trial de novo as well, apparently oil dripping from my car caused 1000 in damge to her driveway, she said it was 300 to clean food from teh garbage disposal, the list of phony charges go on, none of which she had a reciept for , just false damages written on a steno pad with round even numbers listed next to them. any how the judge that oversaw the trial de novo stated he dismissed her claim because she could not prove they she had more damages then what the security deposit covered. what i did not make clear, was the fact that i wanted the deposit back to the judge, as his decision makes no reference to the deposit , i can attach pic of the paperwork i have as well.

The court clerk's statements go contrary to the following :

If the Judge dismissed the LL's case in it's entirety go down to the clerks office and ask to have a supervising clerk review your file and see where you stand .

If the Judge otherwise ruled your deposit cover any damages that the LL claimed ,then it's over with .

The party appealing the judgment can temporarily prevent its enforcement pending the decision on the appeal. To do this, a bond or undertaking must be filed with the court to guarantee payment of the judgment should the party lose the appeal. If you receive a notice of appeal, you should call the court to find out if an undertaking has been posted: if not, you may take steps necessary to collect the judgment immediately, or you may wait until the appeal has been decided.

If you get nowhere with the clerk , write a letter to the secretary of the Judge and ask for a reply of clarification to see if your original award is still collectible .

This all should have been ask for and clarified by the Judge at the trial de novo.

I can say I have gone through a Trial De Novo at the Hall Of Justice . I was the plaintiff however and lost at both levels .That was it.

 

[BL]

OK ,I must be wrong here . The Clerk seems correct .

You may or may not be able to file a claim for your deposit .

The most that can happen is that it gets dismissed .

Small Claims & Commercial Small Claims in Suffolk County District Court

If an arbitrator decided your case and you do not agree with the Court's decision…
You cannot appeal the Arbitrator's decision. You can ask for a new trial in front of a Judge:Any party who is not in default has 35 days from the date of the mailing of the Arbitrator's Award to ask the court for a new trial before a judge. This is called a trial de novo. If you ask for a trial de novo you will have to pay a demand for trial de novo filing fee.

Trial De NovoAt a trial de novo, the Judge does not read the Arbitrator's Award. All evidence and witnesses are heard for the first time by the Judge. The Judge's decision is based on the evidence and testimony heard by the Judge, not the Arbitrator. The Judge's decision may be the same as the arbitrator's decision, or may award more or less money than the arbitrator, or may decide for the other party.

 

[upstate240sx]

Did you file a claim (ie: countersue) for your deposit>

Initially yes, for the attorney arbitration i did

For the trial de novo no

 

[upstate240sx]

OK ,I must be wrong here . The Clerk seems correct .

You may or may not be able to file a claim for your deposit .

The most that can happen is that it gets dismissed .

This is frustrating, after trying to wrongfully sue me for 4grand after keeping the deposit. She lost the original arbitration, filed a trial de novo her claim was dismissed. and im being told i have to appeal this by the court? does anyone think this is messed up besides me.

 

[BL]

OK ,I must be wrong here . The Clerk seems correct .

You may or may not be able to file a claim for your deposit .

The most that can happen is that it gets dismissed .



This is frustrating, after trying to wrongfully sue me for 4grand after keeping the deposit. She lost the original arbitration, filed a trial de novo her claim was dismissed. and im being told i have to appeal this by the court? does anyone think this is messed up besides me.

You did not ask for in in the brand new Trial De Nova ( a Trial De Nova is like starting over ) .

I'd say move on with your life ,there's no grounds for you to appeal on .You won by dismissal of their claim .

Sorry , you have to ask the court for what you want .