Legal Question in Civil Litigation in New York

I purchased an engagement ring from a small jewelry store. The owner of the stores dies and I do not have the ring. His store closed because he was heavily in debt and behind on his rent. Who do I sue to get my money back? His wife?


Asked on 8/01/10, 5:26 pm

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

If the store was a corporation or other distinct legal entity then you sue the store. If it wasn't, then you make a claim against the owner's estate in probate court. If you're not sure which way to proceed, do both to be on the safe side. But bear in mind that there are strict deadlines for all types of legal claims, and they can be very short in probate cases. It is also possible that the owner and/or the business filed for bankruptcy protection. Claims in bankruptcy cases also face short deadlines.

You should discuss your claim in detail with a local attorney.

Good luck

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Answered on 8/06/10, 5:41 pm


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