QUESTION
In NYS small claims court if a counter claim is dismissed in a case with binding arbitration can the defendent open a new case against the claimant?
Asked on Apr 18th, 2012 on General Practice - New York
More details to this question:
I recently took someone to court and the judge ruled in my favor, dismissing the defendent''s counterclaim that I owe him $392.. Prior to the trial we both agreed to binding arbitration. Now, the defendent is saying he will not pay me because he is taking me to court in a new trial with the same claim.that I owe him for the same reason as in the counterclaim.
I also want to know if I should file any kind of counterclaim, or just bring the paperwork from the first trial?
1 ANSWER
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Clearly, as the same claim was dismissed, the prior dismissal will be considered 'res judicata' and preclude him, in any further case involving the same parties and the same claims. As for getting the money, it is likely that you will have to pursue 'collection' proceedings. the small claims clerk can assist you in getting the correct forms.
Gerry Wendrovsky, Esq.- Upper West Side Lawyerwww.upperwestsidelawyer.com
Answered on Apr 27th, 2012 at 7:16 PM