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Assistance to understand the First Departemnt of New york supreme court

Discussion in 'Justice System, Criminal Lawyers' started by Tom Van Dijk, Nov 12, 2019.

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  1. Tom Van Dijk

    Tom Van Dijk Law Topic Starter New Member

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    New York
    I would appreciate your help, I am running out of options.

    My name is Tom Van Dijk, I live in Holland and I am a freelance car dealer.

    I invested almost all of my money and savings in buying an asset in New York with my partner 7 years ago.

    The asset was rented for years and I earned the same amount of money agreed with my partner until a few months ago when my partner decided he wants to sell the asset.

    We signed a letter of agreement in July 2012 claiming that if we sell the asset I will get 70% back of the deal and my partner will get 30%.

    I didn't want to sell it, which lead to a conflict. Eventually, he sold the asset behind my back without paying me a cent.

    He was written as the sole owner of the asset because I was abroad during the closing deal, unfortunately, I trusted my partner to act for the best interest of both of us.

    I filed a lawsuit a few years ago at the New York Supreme Court and my partner won the case. The judges claimed that the letter of agreement is not a real contract and is not valid due to the statute of limitations.

    I want to file an appeal. I have been told that if I do so the sitting will occur in the first department of the court of appeal in New York.

    I will truly appreciate it if someone could provide me information regarding the appealing process and decision making in order to understand if I have any chance.

    I would like to understand the exact process of appealing, who are the relevant people making the decisions and any other information you find necessary.

    Thanks for any assistance !
  2. army judge

    army judge Super Moderator

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    You can research the matter using any of the internet search engines.

    You can call or write any lawyer licensed in NY state.
    A lawyer in the Netherlands (or Israel from where you are posting) can assist with contacting and hiring a NY lawyer to assist you.

    Frankly, the matter has been adjudicated, "res judicata" ends it.

    I see no success if you appeal, based upon your recitation of events, there is no appealable issue.

    You can spend more good money chasing bad money only to end up with more lost funds.

    Good luck with whatever you choose to do.
  3. zddoodah

    zddoodah Well-Known Member

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    Ok...so you filed the lawsuit "a few years ago." When did the court enter judgment in your partner's favor?

    On what grounds?

    What sort of information are you seeking? "Information regarding the appealing process" could fill a book.

    Appeals to the appellate division are determined by a panel of three judges.

    You need to discuss this with the attorney who represented you in the supreme court case.

    Also, read this.
    Last edited: Nov 12, 2019
  4. PayrollHRGuy

    PayrollHRGuy Well-Known Member

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    Actually it has filled several.
  5. flyingron

    flyingron Active Member

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    You likely only had thirty days to file that appeal. Even if it were timely, you don't get to file an appeal because you are unhappy with the decision. You need to show some error of law in the original decision. If EITHER the agreement fails to meet the definition of a contract OR the SOL had expired, then there's really nothing to appeal anyhow.
    Zigner, Red Kayak and army judge like this.
  6. Red Kayak

    Red Kayak Active Member

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    I'm assuming you mean this: Appellate Division - First Judicial Department

    I'm going to also assume that you've misguidedly gone about this without a lawyer, because someone with a lawyer would be asking their lawyer these questions.

    You are a lay person. You are not in the US. So you are unfamiliar with both NY law and culture.

    Find a competent member of the New York bar and pay for an hour of his/her time to explain where, and in how many ways, you went wrong, starting with having a letter of agreement instead of contract, and not having your name on the asset as co-owner.
    Zigner and army judge like this.

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