Assistance to understand the First Departemnt of New york supreme court

[Tom Van Dijk]

I would appreciate your help, I am running out of options.

My name is Tom Van Dijk, I live in Holland and I am a freelance car dealer.

I invested almost all of my money and savings in buying an asset in New York with my partner 7 years ago.

The asset was rented for years and I earned the same amount of money agreed with my partner until a few months ago when my partner decided he wants to sell the asset.

We signed a letter of agreement in July 2012 claiming that if we sell the asset I will get 70% back of the deal and my partner will get 30%.

I didn't want to sell it, which lead to a conflict. Eventually, he sold the asset behind my back without paying me a cent.

He was written as the sole owner of the asset because I was abroad during the closing deal, unfortunately, I trusted my partner to act for the best interest of both of us.

I filed a lawsuit a few years ago at the New York Supreme Court and my partner won the case. The judges claimed that the letter of agreement is not a real contract and is not valid due to the statute of limitations.

I want to file an appeal. I have been told that if I do so the sitting will occur in the first department of the court of appeal in New York.

I will truly appreciate it if someone could provide me information regarding the appealing process and decision making in order to understand if I have any chance.

I would like to understand the exact process of appealing, who are the relevant people making the decisions and any other information you find necessary.

Thanks for any assistance !

 

[xylene]

I am reporting your post because you have included sensitive and highly identifiable personal information that is NOT relevant to getting advice.

 

[quincy]

I would appreciate your help, I am running out of options.

My name is Tom Van Dijk, I live in Holland and I am a freelance car dealer.

I invested almost all of my money and savings in buying an asset in New York with my partner 7 years ago.

The asset was rented for years and I earned the same amount of money agreed with my partner until a few months ago when my partner decided he wants to sell the asset.

We signed a letter of agreement in July 2012 claiming that if we sell the asset I will get 70% back of the deal and my partner will get 30%.

I didn't want to sell it, which lead to a conflict. Eventually, he sold the asset behind my back without paying me a cent.

He was written as the sole owner of the asset because I was abroad during the closing deal, unfortunately, I trusted my partner to act for the best interest of both of us.

I filed a lawsuit a few years ago at the New York Supreme Court and my partner won the case. The judges claimed that the letter of agreement is not a real contract and is not valid due to the statute of limitations.

I want to file an appeal. I have been told that if I do so the sitting will occur in the first department of the court of appeal in New York.

I will truly appreciate it if someone could provide me information regarding the appealing process and decision making in order to understand if I have any chance.

I would like to understand the exact process of appealing, who are the relevant people making the decisions and any other information you find necessary.

Thanks for any assistance !

If you lost the lawsuit you filed “a few years ago” because it was determined a valid contract did not exist and your filing was outside the statute of limitations period for filing anyway, I do not see that you have anything to appeal.

I hope you have dissolved whatever partnership you had.

 

[FlyingRon]

Yep, NY only allows 30 days to make an appeal and I agree with Q, if either of the reasons they gave you were validly ruled upon, there's nothing to appeal even if it were timely.