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TRANSFER TO GENERAL CALENDAR PART WAS REVERSIBLE ERROR

SINCE ONE OF THE PARTIES WAS “PRO SE,” THE CASE NEEDED TO STAY WHERE IT WAS

When a New York County Civil Court judge transferred a dispute from the “self-represented litigants (SRL) Part” to the court’s “general calendar,” an appeal ensued.

Because at least one of the litigants, A.S., didn't  have counsel, and appeared “pro se,” the Appellate Term, First Department, thought it was an error for the judge to have transferred the case.

Since the SRL Part was designed for matters where “any of the parties is self-represented,” the AT1 thought the case needed to stay where it originally was assigned, and reversed the underlying referral.

Hope they calendared that.

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DECISION

S. v Gateway Residential Mgt. LLC

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