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Am I allowed to bring witnesses into Small Claims Housing Court or for Arbitration? How many?

New York, NY |

I'm in Manhattan, and may have to bring my roommate (Not on Lease) to Arbitration to evict her - for Fradulent Misrepresentation in her Roommate Application and for Violation of Agreement Terms. May I bring Witnesses into the Arbitration? Is the number of witnesses limited?

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Attorney answers 2

Posted

So long as the witnesses arent going to be providing redundant testimony you can bring as many as you feel are necessary. There is no hard and fast rule but if they are all going to be saying the same things you may want to limit it.

Posted

Dear how many?

You cannot use Small Claims Court for an eviction proceeding.

In Housing Court, there is no arbitration. Housing Court proceedings, not settled, are decided by a Housing Court judge after a full trial. Housing Court trials rely on all the ordinary rules of evidence.

Small Claims Court relies on relaxed rules of evidence.

If you are suing for damages for a false representation, you may sue for money damages in Small Claims Court.

If you want an eviction, you must commence a proper lawsuit in the Housing Court.

The answer provided to you is in the nature of general information. The general proposition being that you should try to avoid a bad outcome if you can.

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