Legal Question in Business Law in New York

Re: civil procedure/contract law

Probably small claims if you fit the requirements, but your attorney will know best.

Re: civil procedure/contract law

(1) FIRST you PURCHASE the INDEX NUMBER and AFTERWARD you SERVE the other party. As to whether to pursue this in small claims court or not, as Mr. Nance wisely advises you, discuss this with your attorney. Note however that in small claims court you can only sue for $5,000 or less.

(2) If the transaction ONLY involved SERVICES rendered (e.g., the dumping of the materials) and NOT ANY sale nor purchase of goods, then you are correct that it is NOT at all subject to the UCC but instead ONLY subject to contract law; however, if any part of the transaction involved the sale or purchase of goods, then that part of the transaction would be subject to UCC law.

(3) Generally, the Statute of Limitations on a legal action in contract in New York is six years.

Since it is less than six years since 4/02, the Statute of Limitations will elapse in a year from now in 4/08, so it is not yet a problem.

Moreover, your claim against the other party is ENFORCEABLE EVEN WITHOUT a SIGNED CONTRACT since I am assuming that this is not a UCC transaction. However, even if it was a UCC transaction, and involved a transaction for over $500 fr UCC transactions, the unpaid invoices should constitute sufficient WRITTEN EVIDENCE to make your claim on the other party ENFORCEABLE. (i.e., EVEN when something in WRITING IS required, it does NOT have to be a SIGNED CONTRACT.)