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View Full Version : Small claims appeal in NY


mickeyman
Nov 28, 2018, 07:22 AM
I was sued in Small claims in NY. I filed a counterclaim. The judge decided that I owe only some of what the plaintiff was seeking and dismissed my counter claim. The plaintiff appealed. Is that legit? I thought the plaintiff cannot appeal if it "wins" even if only partially.

Fr_Chuck
Nov 28, 2018, 12:09 PM
I am not from NY, a quick review of court procedure did not show any limitations on this.

The appeal can be costly to them
Normally no new evidence is allowed
They must show some error in the lower court ruling.

On a positive note, they could award you more.

On the sad note, even if you win, most small claims are never paid, even after you win.