Q: Can I get judgement in NYC Civil Court thrown out based on what I think is unprofessional and biased behavior by judge?
During my civil court trial in Manhattan on 5/17/19, the judge was yawning the entire time of the trial. We were also never sworn in before. When I was giving my testimony, she repeatedly cut me off and was abrasive and dismissive. At one point, the judge replied: what's to say you don't have another bank account? I replied: this is the only bank account I have and the statements I have here show he never paid me back. Her response sarcastically and abrasively, was: "So you say." I thought judges were supposed to be unbiased and fair. These comments validated my feelings from the get go of her NOT being unbiased and fair. Even the wording of her decision was not only insulting but inaccurate. In addition, she never even questioned the defendant in terms of his answer to the complaint, nor his countersuit. In addition, I had read and submitted NUMEROUS emails where the defendant himself admits to owing me money. How did the judge decide he owed me no money then? PLEASE HELP.
A: So this is one of those times you should have had a lawyer instead of doing it yourself. You can appeal, but factual determinations are only overturned on an abuse of discretion, which is very hard to show. Also, to appeal, you would need to order the full transcript, which will be several hundred dollars. I am not sure how much is at stake, but you have an uphill climb.
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