Legal Question in Civil Litigation in New York

Where should I file my small claims case?

I need to file a small claims case against a business that did some work on my house. The contract (work plan) was signed in Hawthorne, Westchester County, NY and the work was performed in Greenburgh, Westchester County, NY, which is where I reside. However, the business in question has its office in Connecticut. Apparently I would rather not go to Connecticut to file the case. Can I file the case in either Hawthorne or Greenburgh of NY? May I argue that since the business places advertising in NY's yellow pages and does business in NY, it has ''minimum contacts'' with the state of NY?


Asked on 12/28/01, 3:24 pm

2 Answers from Attorneys
Amy L. Finch, 845-362-0387 Amy L. Finch, Attorney and Counselor at Law

Re: Where should I file my small claims case?

Yes, file your small claims case in Westchester.

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Answered on 12/31/01, 9:20 am
Robert R. Groezinger GroezingerLaw P.C.

Re: Where should I file my small claims case?

Unfortunately, that generally does not work in small claims because of jurisdiction...you cannot enforce such a judgment there.

My suggestion is, if you have not already done so, is to send a firm (did I say threatening?) letter. It will, of course, be all bark and no bite, but if it works, hey...there you good.

Good Luck in the New Year.

RRG

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Answered on 12/28/01, 4:44 pm


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