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!
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!