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TJ, Esq.
TJ, Esq., Attorney
Category: Real Estate Law
Satisfied Customers: 11654
Experience:  JD, MBA
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I was a defendant in the Small Claims Court of Queens NY. Am

Customer Question

I was a defendant in the Small Claims Court of Queens NY. Am I able to appeal the arbitrator’s decision due to the following facts?
1) I was NOT given the statement to sign acknowledging no appeal;
2) The case was assigned to room 308, where default judgment mainly takes place;
3) I was treated unfairly by the arbitrator at the trail:
a. The plaintiff did not have cause of action. They just fabricated the events in words, shown no evidence at all to support what they said, even no estimates of property damage claimed. The arbitrator just took their words. Even before I was allowed to start defense, the arbitrator already said to the plaintiff: “I believe what you said”.
b. I brought a lot of evidences, including pictures, videos, previous court records (this was a res judicata case at the same court a year ago, and I won), etc., but was not given chance to present them. The arbitrator just asked me a series questions and I only can answer yes or no, including questions trapped me to admit I did something wrong due to the fabricated events, he then quickly announced that he has decided for the case in favor of plaintiff.
c. When I said I have evidences to show to the court, he said he already made decision.
The whole case was like I was being setup unjustly and/or done as if it was my default. Now I end up owing $5000 to the plaintiff without cause of action. I am unfairly treated and adversely harmed at the trail and want to appeal. Do I have a chance to appeal of have the case reviewed?
Many thanks.
Submitted: 4 months ago.
Category: Real Estate Law
Expert:  TJ, Esq. replied 4 months ago.

Hello and thank you for the opportunity to assist you. My name is ***** ***** I will do my very best to answer your legal questions.

If you never signed anything agreeing that the ruling in the arbitration could not be appealed, then you do have the right to appeal the decision. The other issues are something that you can argue in the appeal for overturning the decision, but they are not the reason that you can appeal. The reason you can appeal is simply that you never agreed that you couldn't appeal. So, it was a mistake by the arbitrator not to have you sign something that indicated that you waived your right to appeal (assuming that he/she was supposed to have to sign it).

Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied.

Expert:  TJ, Esq. replied 4 months ago.

Hello again. I didn't hear back from you, so I'm just checking in to make sure that you don't need more help on this issue. If not, then please remember to provide a positive rating (and note that your positive rating is the only way that I'll get credit for helping you, so I greatly appreciate it). Thank you!

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