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Old 11-12-2019, 02:47 AM   #1
TomtheDealer
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Default Assistance to understand the First Departemnt of New york supreme court

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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Old 11-12-2019, 03:20 AM   #2
AFFA
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Default Re: Assistance to understand the First Departemnt of New york supreme court

I wish to inform you that in order to start appeal you will first have to file Notice of Appeal. It will start appeal procedure. The second stage is perfecting the appeal. In this stage you will have to submit various document in court like transcript, record of appeal, submitting brief and getting the case of courts calendar. On court date generally there will be oral arguments and then court will decide the appeal.

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Old 11-12-2019, 11:36 PM   #3
goddessoflubboc
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Default Re: Assistance to understand the First Departemnt of New york supreme court

You don’t say how long ago that judgment was entered. There is a statute of limitations on filing an appeal, you’ll need to find out if you’ve been time barred from appealing first.
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Old 11-13-2019, 07:42 PM   #4
Highwayman
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Default Re: Assistance to understand the First Departemnt of New york supreme court

You're past the point where you can appeal. Even if you were not, you're in way over your head. You would need a New York attorney. This was all explained to you down the street.
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Old 11-18-2019, 02:40 AM   #5
Lexus
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Default Re: Assistance to understand the First Departemnt of New york supreme court

An appeal is started with a Notice of Appeal. A Notice of Appeal is the written paper you file to let the court and the other side know that you are appealing the court’s decision. After the Notice of Appeal is filed, you must Perfect the Appeal so that the Appellate Court can decide the appeal. If there is a reasonable cause or satisfactory explanation for the delay in filing appeal, you may approach the court. Contact your attorney for specific information.
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Old 11-18-2019, 11:25 AM   #6
Highwayman
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Default Re: Assistance to understand the First Departemnt of New york supreme court

Quote:
Originally Posted by Lexus View Post
An appeal is started with a Notice of Appeal. A Notice of Appeal is the written paper you file to let the court and the other side know that you are appealing the court’s decision. After the Notice of Appeal is filed, you must Perfect the Appeal so that the Appellate Court can decide the appeal. If there is a reasonable cause or satisfactory explanation for the delay in filing appeal, you may approach the court. Contact your attorney for specific information.

Hey dopey: The time limit for an appeal expired a long time ago.


END OF STORY.
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