Court proceedings; I had a court date with two suits joined into one case can one not show...

[Poe's Home]

Jurisdiction

New York

Court proceedings; I had a court date with two separate suits joined into one case?! One had not bother to show up for court because the other defendant told him not to show which, (I don't just think that!, he said that to the bailiff as well as others in the courtroom.This defendant had no rights or written permission to speak on the other's behalf; And even with the judge knowing this had force me to proceed with the case? It didn't and doesn't feel right?
I went to court to ask for an application to application to dismiss without prejudice so I could reapply the suit with the new dollar amount because of the defendant's actions the contractor will no longer do the work and to hire another person would cost more than $1000.00 more then the amount that is on the suit right now. The judge denied me the right to have both defendants to have to be there and said you can't ask you to anymore money than what you have here!
My Q is the two defendants were separate on the docket... should they both have to be there before I had to put forward my case?

 

[army judge]

should they both have to be there before I had to put forward my case?

The limit for small claims in NYC (Queens small claims) is $5,000.

I never sue more than one defendant at a time.
If they move to join their cases, I resist it.

Not really.

By failing to appear, you may have been able to obtain a default judgment against the party who failed to show.

However, you had to ask the judge to rule against the no show.

You should have then proceeded to sue the party who was present.
You might have been able to obtain a $1,000 judgment against him/her, then go after the missing no show on default.

You need to research small claims in more detail, prepare YOUR case (you are the plaintiff and must prove your allegations).

Should you be unable to prove your allegations, a smart defendant does nothing more than seek a directed verdict in his favor.



Try educating your self about small claims in the borough of Queens:

Filing a Small Claim in Queens County | FreeLegalAid


https://ag.ny.gov/sites/default/files/pdfs/publications/smallclaims.pdf

NY City Small Claims Court

 

[ElleMD]

Why would you think the two co-defendants could not speak to one another? You can't force both to appear. If the judge will hear the case with testimony from just one of the parties, why should this matter one bit to you?

No, you can not ask the case to be dismissed after the fact because you now want to ask for more money. As you were told before, you are only entitled to recover the actual money you paid. This contractor is not responsible for what others might charge to perform the same work.

 

[zddoodah]

Court proceedings; I had a court date with two separate suits joined into one case?

Despite your use of a question mark, this sentence is not a question. If you intended a question, I cannot discern what you intended to ask.

One had not bother to show up for court because the other defendant told him not to show which, (I don't just think that!, he said that to the bailiff as well as others in the courtroom.This defendant had no rights or written permission to speak on the other's behalf; And even with the judge knowing this had force me to proceed with the case? It didn't and doesn't feel right?

More sentences with question marks that aren't questions and a bunch of gobbledygook that's barely intelligible.

My Q is the two defendants were separate on the docket... should they both have to be there before I had to put forward my case?

If a defendant doesn't show up, that's his problem. The court has discretion to continue the trial (which I assume is what was happening) or require that the parties who are present proceed with the case.