Appeal on summary judgement

[jjinnewyork]

The case is currently in civil local court in NY for debt collection. Summary judgment was partially granted midcase and the case is moving to trial.
Are there any grounds under which I can move the case to higher court?
If a motion for stay procedings is denied by Appellate Term, can I appeal it in Appellate Division or higher court?

 

[adjusterjack]

It's impossible to answer any of that without any details about the case. So how about providing some background.

How much money were you sued for?
When were you sued?
When did you default on the debt?
What kind of debt?
What do you think your defenses are?
What was the scope of the summary judgment?
Did you raise defenses to the motion for summary judgment?
What were they?
What was the judge's reason for granting it?
What is left about the case to go to trial for?
Do you have a lawyer?

Please answer all of the questions.

 

[Taxing Matters]

The granting of a motion of summary judgment in part wouldn’t itself be cause for “moving” the case to a higher court. What trial court is it in now (supreme court, county court, etc) and what higher trial court did you think it might be moved (transferred) to?

As for appeal of the grant of partial summary judgment, that apparently you can do in NY state courts, unlike the federal courts and many other state courts that greatly restrict interlocutory appeals (i.e. appeals made before final judgment in the case is entered). Note that NY has two different provisions for a stay of proceedings. One is done under Civil Practice Law & Rules (CPLR) 2201. This motion is made at the trial court and does not require an appeal first; it is however possible to get a stay of all proceedings under that provision. The second type of stay is under CPLR 5519. That request for a stay can only be made after an appeal is filed with the appeals court. Once the appeal is filed, the request for a stay may be made with either the trial court or the appellate court. But note that a stay under CPLR 5519 only stays the order that is the subject of the appeal — here that means it would stay the partial grant of summary judgment only; the rest of the case would continue normally. The decision to grant or deny the motion for stay may itself also be appealed.

I don’t think it is necessary for you to answer all the stuff adjusterjack asked for to get the questions you asked answered.

 

[quincy]

The case is currently in civil local court in NY for debt collection. Summary judgment was partially granted midcase and the case is moving to trial.
Are there any grounds under which I can move the case to higher court?
If a motion for stay procedings is denied by Appellate Term, can I appeal it in Appellate Division or higher court?

Answers to two of the questions asked by adjusterjack can be important ones. How much is the debt and have you consulted with an attorney in your area yet?

 

[jjinnewyork]

Thank you Taxing Matters for your very informative reply. The info you provided is exactly what I am looking for.

 

[jjinnewyork]

I am not sure if I can post my next question under this thread or open a new one. Posting it here:

can I file an appeal and a combined motion to renew and reargue in trial court (civil, local NY)?

 

[Zigner]

Yes - it's best to keep your related questions in the same thread (this one).

 

[quincy]

What is the amount of money involved? "Civil local" means what? City Court, District Court, County Court?

 

[jjinnewyork]

civil county court , 7k

 

[quincy]

So this is not a small claims case.

Have you consulted with an attorney in your area yet?

 

[jjinnewyork]

weighing my options......you closed my other thread for a different case....do I need to repost it again to get it answered or should I post it here?

 

[quincy]

weighing my options......you closed my other thread for a different case....do I need to repost it again to get it answered or should I post it here?

You can add all of your questions here. All of your questions seem to be related to civil procedure.

 

[jjinnewyork]

it would be extremely confusing not just for me as a reader but also for an attorney to answer these threads. One case is on debt collection. Another is in family court. One is where I am plaintiff. One is defendant.

 

[adjusterjack]

OK, the family court issue can be in a separate thread. Your other thread was closed because you were vague and didn't provide any details about what the case was about.

 

[quincy]

it would be extremely confusing not just for me as a reader but also for an attorney to answer these threads. One case is on debt collection. Another is in family court. One is where I am plaintiff. One is defendant.

For whatever worth you might find in them, here are links to Civil Practice Law & Rules and Uniform Rules for NYS Trial Courts:

https://codes.findlaw.com/ny/civil-practice-law-and-rules/

https://www.nycourts.gov/rules/trialcourts/202.shtml

You might find them helpful as you juggle your three legal actions at the same time (a task that can be difficult even for attorneys).