Legal Question in Business Law in New York

Statute of Limitations - Small Claims

A company in PA is in dispute with a NY based company. The PA company is demanding refund on non delivered merchandise. The NY company is not responding to corerspondence (email messages). How long after the issue arises can the PA compay take action against the NY based company in small claims court?. Also, is the period of time counted from the date of invoicing or the last correspondence which remains unanswered. Finally, is email correspondence accepted as proof in court?.


Asked on 12/06/07, 11:48 pm

1 Answer from Attorneys
NEAL SPECTOR, ESQ. NEAL S. SPECTOR, P.C.

Re: Statute of Limitations - Small Claims

How long you may have to sue depends on whether the civil or UCC statute applies, and other factors. The action would accrue from the date of breach, which depends on your invoice terms for payment, not your demand letters unless those changed the original invoice terms. If this is a PA company suing a company in NY in small claims court, it will have to commence the suit in NYS and should carefully consider where the company is for jurisdiction purposes. As for your emails, it depends.

Case assessment is very fact-specific. General answers are generally inaccurate.

THIS IS NOT TO BE CONSIDERED LEGAL ADVICE AND NO ATTORNEY/CLIENT RELATIONSHIP BETWEEN US EXISTS.

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Answered on 12/07/07, 9:59 am


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