QUESTION

Can I sue in civil court still?

Asked on May 06th, 2016 on Breach of Contract - New York
More details to this question:
I hired a indep Contractor to design a software program for my ny corporation. The design phase was supposed to be 3 weeks. After 12 weeks 20% was done and not done correctly or well so we terminated contract. He was paid a total of $15000 and none of the work product was usable. His final invoice was wrong by 20 hours (overcharged) so we didn't pay him about $1000 he Invoiced us for. He sued in small claims and we counter sued for $3000 for Failure to complete the contract goals. We went into arbitration room and he began lying about what he was told to do and disputed the hours and said he'd settle the hours for $200. Counterclaim was not discussed. I was angry he was lying and just wanted to be done so I settled I settled for $200. Went before judge and it was entered for our company to pay $200. The question is am I now precluded from suing for breach of contract or anythng else in civil court for the $15000 Bc I settled in small claims?
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1 ANSWER

Estate Planning Attorney serving New York, NY
1 Award
You are probably precluded because of the way these stipulations are done.  You could try to sue and see if he raises the small claims order as a defense.
Answered on May 14th, 2016 at 7:30 AM

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