Ask Experts Questions for FREE Help !
Ask
    bgemstar's Avatar
    bgemstar Posts: 1, Reputation: 1
    New Member
     
    #1

    Jul 28, 2010, 09:30 AM
    appealing a small claims case in ny
    my daughter was given her insurance policy by my ex.. he signed and dated the document the Ins. co. uses.. however, she held off turning into her name alone. She contacted the Co. to have them use the policy to pay itself until she decided whether she would cash it in for the cash value, or maintain it. A few months went by, the ex discovered she had not yet switched it out of his name and cashed it in. She took him to small claims for the value of it.. $2400.00. The girlfriend of the ex's father is a councilmen in this town... the ex lived in an apartment with the GF which is part of the Councilmans home... during the court hearing.. the counselmen appeared, the ex left the room AND the judge left the room as well.. all were seen in the hallway together. The judge made a very inappropriate comment to my daughter while testimony was heard and the case was "dismissed". We feel that major injustice has taken place, s my daughter was not even allowed a rebuttal when the ex lied about certain aspects of the case, plus the relationship of the parties.Can this be appealed and moved to another court considereding his living address has also changed and is no longer in this system?
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
    Expert
     
    #2

    Jul 28, 2010, 10:36 AM
    Quote Originally Posted by bgemstar View Post
    ... Can this be appealed and moved to another court ...
    Yes, although I don't understand what you threw the last part ("considereding his living address has also changed and is no longer in this system?") in for.

    It appears that there may have been an inappropriate "ex parte contact" going on between the judge and the council-woman. I would look at bringing possible charges against the judge (judicial disciplinary commission, or whatever).

Not your question? Ask your question View similar questions

 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

What happens when a small claims case should really be more? [ 4 Answers ]

I have submitted all the paperwork for a small claims case and in the past couple of days I have been doing my homework and am finding now that I might have a case larger than what small claims handles. Is it possible to switch venues and get a lawyer? The statue of limitations runs out today...

I just lost a case through Small Claims [ 4 Answers ]

I owe a Medical charge (California)from 12 years ago, and wasn't informed of it. I now live in another State( North Carolina) and am being threatened by the Lender to pay in full or they will record a judgement aggainst me. I want to know if they can do this, and if so, would I get my wages...

Winning or losing small claims case? [ 9 Answers ]

Hello, and thanks all for reading and for your help in advance! I rented 1 bedroom in Queens, NY for 560 on Oct. 1 It's part of a 3 bedroom 2nd floor place. My roommate S who'd lived there for several years was in charge of utilities. I would have to give her my 560 every month and she would...


View more questions Search