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    mickeyman's Avatar
    mickeyman Posts: 1, Reputation: 1
    New Member

    Nov 28, 2018, 07:22 AM
    Small claims appeal in NY
    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's Avatar
    Fr_Chuck Posts: 81,303, Reputation: 7691

    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.

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