Legal Question in Business Law in New York

Jurisdiction

After terminating my franchisee agreement, the Texas based franchisor agreed that I would contiue operating while other/ultimate resolutions were considered. A verbal agreement was reached, which I mostly received through cell phone messages and have retained. The franchisor subsequently breached this agreement and I want to sue for damages. I filed in NY Supreme Court, asking for damages in excess of $75,000. After further research it appears that maybe I should have filed in Federal Court. Should I have filed in Federal Court, and if so, can I file in NY Federal Court? (my premis for filing in NY Supreme Court: while franchisor is based in Texas, they were doing business in NY. Note, I have since turned my locations over to franchisor and they are now operating the businesses, which are located here in NY).


Asked on 10/12/04, 12:27 pm

1 Answer from Attorneys
Joseph Tremiti TREMITI LLC

Re: Jurisdiction

Thank you for your inquiry. Assuming you meet the jurisdictional requirements you probably could have filed in federal court. However, in this case, filing in NY State Supreme Court should not adversely affect your position. Please feel free to contact me if you need anything further.

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Answered on 10/13/04, 12:05 am


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