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Small question regarding New york suprme court's First department

Discussion in 'Justice System, Criminal Lawyers' started by JoetheBoom1, Nov 18, 2019.

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  1. JoetheBoom1

    JoetheBoom1 Law Topic Starter New Member

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    Jurisdiction:
    New York
    Greetings,

    My name is Joe and I'm an MBA student in the university of British Colombia in Vancouver, Canada.

    One of the courses in our Syllabus regards American Law. In part of the appellants lesson, each one of the students got to analyze an appellant case in different state.

    I received an appellant case that focuses on a conflict between business partners at New York city. The appellant is filed to the first department in the New York Supreme Court Appellant Division.


    I found a lot of general information regarding the first department, but I'm not quite sure that I fully understand the process that the appeal is going through.


    Our professor encourages us to contact Pro Bono assistant if we have any questions – so that's why I'm contacting you.


    To my understanding, each appeal is reviewed by a forum of 4-5 justices that discussed and decided if the appeal shall be granted.

    I couldn't understand if there is only one justice that is in charge of the case and solely handles the appeal material, or all of the justices studying the case independently.

    In addition, I found some information regarding judicial law clerks. The information stated that most of the work is done by the justice's clerks, whom give their summary and recommendations of the case to the relevant justice.


    All together - the appeal is first transferred to the forum, each justice's law clerk studies the case and gives his summary and recommendations, finally the justices decide based on the clerk's recommendations and their knowledge.


    Did I understand correctly or is the process is different?


    Any help will be much appreciated!
     
  2. army judge

    army judge Super Moderator

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    You allege to be in Canada, yet you are posting from
    Tel Aviv.

    Furthermore you created ANOTHER account claiming to be this dude who happened to be in The Netherlands.

    I see clearer now!

    Fish probably won't be biting today, either.


    Assistance to understand the First Departemnt of New york supreme court

    ===========



    Jurisdiction:
    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 !
    Tom
     

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