Q: Can I sue a judge in NY?
I was the victim of a bait & switch and successfully proved it in court … twice. The town judge found the defendant guilty and yet dismissed the case. The appeal judge found the defendant guilty and I was awarded 1/6 of what I asked for.
His convoluted ruling forces us to pay for 3 faulty, climate-inappropriate windows that weren't contracted/agreed upon, all the labor costs initially paid, and no reimbursement of court fees.
Incidentally, the defendant admitted guilt, in writing, after I discovered his switch and confronted him by stating " ... I miscommunicated the window selection ... " and offered 1/6 reimbursement which was unacceptable & prompted the case.
It is my understanding that "bait & switch" is a FRAUDULENT ACTIVITY. Fraud is a criminal and civil crime. Civil fraud penalties are meant to punish the perpetrator and return the victim to pre-fraud status. SOMETHING IS WRONG!
IF a judge CAN be sued then what is the charge/claim? Judicial error? Judicial malpractice?
A: Your question lacks sufficient detail. Have a lawyer review the case. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
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