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Small Claims – Monetary Technicality

NYC Housing Court Practice/Procedures

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Small Claims – Monetary Technicality

Postby NODEAL » Sun Oct 07, 2007 4:04 pm

This is actually a Small Claims court question.
It’s with my landlord though; any help is appreciated.

***********************

I, the tenant and plaintiff, file a Small Claim against
my landlord, the defendant.

The claim that I file is for $1000.
The counter-claim by the landlord is for $500.

When I get to court however, I have new calculations showing that
I am actually entitled to $1400 instead of $1000
(for the exact same thing).

Assume that the judge can recognize that my calculations
justify a $1400 award.
Assume also that the judge can recognize that my landlord is
entitled to his sought $500 award.

Can the judge rule that I am entitled to a $900 wash in this case, or,
can my maximum award be $500 in this case?

**************

(PS: It’s too late for me to amend the amount as the court date is near.
The numbers above are theoretical.)
NODEAL
 

Postby TenantNet » Sun Oct 07, 2007 5:30 pm

Just a peeve ... you are able to use word wrap.
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Judicial Discretion

Postby NeoAmsterdam » Thu Oct 11, 2007 1:52 am

I know this isn't going to be "helpful", but awards are entirely at the Judge's discretion.
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