Judge disregards rules of evidence

[adamwojo]

I was a defendant in a small claims case. I was a partner in a now defunct LLC which auctioned off all its assets. At the court hearing the judge listened to the plaintiff while I was out of the room. I entered and was not allowed to state much and not able to cross examine any of the plaintiff's hearsay testimony. My witnesses (a VP of a bank, Owner of the auction company, and a previous employee who handled the auction) were questioned by the judge individually with me out of the room The plaintiff was awarded 3500.00 for an item she purchased (by the way she made up her own receipt and the auctioneer tried to explain this to the judge). The item was valued AND purchased at less than this. Furthermore the item was not picked up as required by the original terms of sale (5 days from auction). 5 months later she finally showed up for her item, but failed to get it out of the building within 72 hours using an uninsured "contractor." She had left messages on my phone (the judge refused to listen to) that she knew she had until the end of October to get out her items. After notifying her by fax, the auctioneer notifying her by phone as well as myself, giving a timeframe, the item was considered abandoned (again) and a permanent part of the building. (It's the remaining portion of an exhaust hood from a commercial kitchen; the other entire electric/fires suppression/exhaust fan etc had been removed. It's only worth its value in stainless steel as it was very specific and custom to the building and from what I was told would be cheaper to build new than to try to build around it.

After appeal the town judge (not a "real" judge) informed the Supreme Court judge that she forgot to record the testimony! She provided "notes" which none of my witnesses or I recall her writing, in fact the notes are not even true or accurate as to what myself and witnesses said.

 

[army judge]

Most lower level courts (like this) are not courts of record. I'm not surprised there was no record of the "trial". Many of these lower level courts are not required to transcribe events that transpire before them. But, what's your question? How can we try to help you?

It looks as if you lost on appeal. It doesn't matter what the reason is, as long as the appellate court upheld her decision. Your case is, as they say, over! Res judicata, loosely translated means, let it rest, sleep, or end.




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[adamwojo]

Actually I am scheduled for an appeal at NY Supreme Court, but the appeal process is narrow as it looks for any law that was not followed, considered etc. They will not retry the case. However, the initial "trial" was supposed to be electronically taped, but was not. My question really was to see if there was any law that would allow for a re-trial. Furthermore, what can I do because I feel the original judge (although not a real judge) was corrupt in her decision. The town is tiny and I was told by several locals that she is friends with the plaintiff. I am just looking for any advice for my oral arguments as to why the case should be overturned/thrown out. Thanks.

 

[army judge]

Getting a verdict reversed is all but impossible.

In order to help you with the appeal, I'd have to know what troubles you about the trial.

As you said, appeals are narrow.

You should focus on the trial.

There may be nothing to appeal.



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[adamwojo]

1. Original Sales contract was 5 days to remove items. They were left for nearly 5 months. She was contacted by phone/fax giving her 48 hours to remove, she didn't.
2. She sued me personally, I should have LLC/corporate law protection, atleast I thought. The building is owned by a PC, the item left by a defunct LLC which I was a member of.
3. Proceedurally I was not allowed to ask her any questions, hear her testomony to the judge (I was asked to leave the room). I had no prior information of her complaint other than a one liner listed on the appearance order. She had no witnesses present, but her testimony was hearsay. Her "contractor" is/was a cook who had several buddies to remove the kitchen hood. He is not licensed or insured. After 72 hours to remove the hood, I told her that he was not allowed in my building. He is also a convited felon and a known scam artist who I though would kill himself trying to remove an 800# pice of equipment with a floor jack and several helpers.
4. Proceedually the judge did not listen to one of my witnesses (simply refused to go on any further). And would not listen to two phone messages from the plaintiff which would have perjured her testimony.
5. The item she sued for is valued much less than she reported. She had a reciept she made on her computer which the auctioneer told the judge was not his and did not reflect the cost nor the value of the item, yet she was awarded 3500.00.
6. I never had a verbal or written agreement to be a bailee of her items I had considered abandoned after the auction.

 

[army judge]

1. Original Sales contract was 5 days to remove items. They were left for nearly 5 months. She was contacted by phone/fax giving her 48 hours to remove, she didn't.
2. She sued me personally, I should have LLC/corporate law protection, atleast I thought. The building is owned by a PC, the item left by a defunct LLC which I was a member of.
3. Proceedurally I was not allowed to ask her any questions, hear her testomony to the judge (I was asked to leave the room). I had no prior information of her complaint other than a one liner listed on the appearance order. She had no witnesses present, but her testimony was hearsay. Her "contractor" is/was a cook who had several buddies to remove the kitchen hood. He is not licensed or insured. After 72 hours to remove the hood, I told her that he was not allowed in my building. He is also a convited felon and a known scam artist who I though would kill himself trying to remove an 800# pice of equipment with a floor jack and several helpers.
4. Proceedually the judge did not listen to one of my witnesses (simply refused to go on any further). And would not listen to two phone messages from the plaintiff which would have perjured her testimony.
5. The item she sued for is valued much less than she reported. She had a reciept she made on her computer which the auctioneer told the judge was not his and did not reflect the cost nor the value of the item, yet she was awarded 3500.00.
6. I never had a verbal or written agreement to be a bailee of her items I had considered abandoned after the auction.

You're a physician's assistant from what you've posted in another thread.
You wouldn't advise people to diagnose and treat an apparent infection with animal antibiotics.
This is what you've done by trying to be your own attorney.
Spend the money, hire an attorney to represent you.
I don't practice medicine, I practice law.
You don't practice law, you practice medicine.
Spend some money, hire a lawyer to represent your interests.
You're no more qualified to try a case, than I am to treat an infection.
You can't tell me how to treat that infection over the internet.
I can't tell you how to try a case over the internet, especially an appellate case.
Hire an attorney, ASAP!

 

[adamwojo]

Well said. Thanks. Often my patients bring in copies of stuff from the internet And often they tried a remedy that wasn't applicable or didn't work.

 

[army judge]

Well said. Thanks. Often my patients bring in copies of stuff from the internet And often they tried a remedy that wasn't applicable or didn't work.

I'm glad you took it the right way.
Every profession is unique.
We all get training and/or education to practice our vocation, trade, or profession. I don't know why people think they can't do their own plumbing, electrical work, medicine, accounting, etc..., but they think they can practice law? Anyway, at least consult a lawyer. You're at a special disadvantage if the other litigant has one.



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[adamwojo]

Hiya Army Judge. Well I couldn't hire the lawyer for this case as I'm spent going thru a divorce. However, did my homework and the Supreme Court Judge vacated the lower courts judgement! I thought that it would have been impossible. As I prepared I thought about what you said earlier, but then remembered 90% of making a diagnosis is simply listening to your patient (a good history) and they often tell you whats wrong. Lucky!?!