Tuesday, June 29, 2010

The Issues on Appeal / Notice of Appeal

Pt. 1


(a) Trial Court Erred in Denying Plaintiffs Request for Assignment of Counsel

(i) Where Plaintiffs privately retained attorney had been permanently disbarred (for reasons unrelated to his case)
(ii) Where Plaintiff was an indigent debtor currently in a Chapter 13 Bankruptcy and had no disposable income
(iii) Where Plaintiff provided documentary evidence from medical professionals that he was not mentally capable to represent himself

(b) Trial Court Erred in Denying Plaintiffs Request for an Accounting

(i) Where accounting was needed to determine actual damages suffered by the Plaintiff
(ii) Where Plaintiff showed by documentary and testimonial evidence adduced at trial that he was in fact a partner in the tenants-in-common relationship and provided to the court as proof;
1. A copy of the deed for the partnership property with his name on it
2. A copy of a loan with his name on it, taken out jointly by the partners for construction of the partnership property
3. A copy of a spreadsheet provided to him by the defendants showing that he was a partner in the venture and had contributed to same

(c ) Trial Court Erred in Dismissing Plaintffs Case for Failure to Ascertain the Exact Amount of Damages Claimed

(d) Trial Court Erred in Dismissing Plaintiffs Case on the Grounds of The Courts Stated Belief That No Partnership Existed and Therefore Reasoning that Plaintiff was not Entitled to any of the Relief Sought in his Complaint

(e) Trial Court Erred in Dismissing Plaintiffs Case Based on Its Determination That a Tenancy-in-Common Relationship Did Not a Partnership Make, Despite the Fact that the Tenancy-in-Common was Formed Solely as a Commercial Enterprise (NY Partnership Law Art. 2, ss10(1) and ss 11 (2); see also IRS Tax Law, Pub. 541, Cat. 10571D “Partnerships“______.

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