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Posted by DK on March 09, 1999 at 18:40:19:

In Reply to: can the judge do this? posted by Carmen and Ramon on March 09, 1999 at 18:00:01:

Deceased Housing Court Judge Ralph Waldo Sparks had two relevant sayings:
Justice be what the court do! and If you don't like my decision, go see the three wise men (Appellate Term of the Supreme Court).

It is customary, but not required to exclude non-party witnesses while others are testifying. Because your wife is not technically a party to the lawsuit, the usual practice is to exclude her if she is going to be a witness.

It would appear that the judge is wrong to exclude testimony about other conditions which do not appear on the violation report. Multiple Dwelling Law § 328 says the violation report is admissible as "prima facie" evidence. That means that it is good evidence, but can be rebutted by other testimony. Therefore, your testimony about conditions which do not appear on the violation report should be admissible.

: Good news: the new judge is calling everything defenses & counterclaims, as if it is one word.

: Bad news: the pro se said this is wrong: can we have a second opinion?:
: The judge made my wife Carmen leave the room when I was on the stand because only my name is on the lease. If I go back on the stand, can she stay?
: The judge only let me talk about the heat and the violations from court-ordered inspection. Some other things are violations but are not on that list. The warranty of hability should include all of them. Is there a way to convince the judge to let us talk about those?

: Thank you,
: Ramon

Follow Ups:

• Re: can the judge do this? John E. Marre 3/10/99 (1)
  • Re: can the judge do this? Will 3/10/99 (0)
• Re: can the judge do this? thanks! Carmen and Ramon 3/09/99 (0)

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Comments:
: Deceased Housing Court Judge Ralph Waldo Sparks had two relevant sayings:
: Justice be what the court do! and If you don't like my decision, go see the three wise men  (Appellate Term of the Supreme Court).

: It is customary, but not required to exclude non-party witnesses while others are testifying. Because your wife is not technically a party to the lawsuit, the usual practice is to exclude her if she is going to be a witness.

: It would appear that the judge is wrong to exclude testimony about other conditions which do not appear on the violation report. Multiple Dwelling Law § 328 says the violation report is admissible as "prima facie" evidence. That means that it is good evidence, but can be rebutted by other testimony. Therefore, your testimony about conditions which do not appear on the violation report should be admissible.

: : Good news: the new judge is calling everything defenses & counterclaims, as if it is one word.

: : Bad news: the pro se said this is wrong: can we have a second opinion?:
: : The judge made my wife Carmen leave the room when I was on the stand because only my name is on the lease.  If I go back on the stand, can she stay?
: : The judge only let me talk about the heat and the violations from court-ordered inspection.  Some other things are violations but are not on that list. The warranty of hability should include all of them.  Is there a way to convince the judge to let us talk about those?

: : Thank you,
: : Ramon


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