Legal Question in Business Law in New York

suing a NYcorp.

I own a Nevada corporation, s-corp. We are not registered in NY (doing business as in NY) because we do work for clients all over the country. We did a job for a New York Corporation. The company never paid the balance of their--name removed-- We sued in commercial claims in NYC. (6 months of appearances) Just as we were going to win the case...their lawyer points out that we are a Nevada corp and the judge dismesses the case...saying we can sue in Civil court this is the wrong venue.

So, can I sue in Civil court....as a Nevada corp. not registered with New York? And since we must be represented by council...any takers?

Understand this is a slam dunk. The judge after dismissing the case said to me, ''you got screwed'' and ''you were going to get a favorible judgement'' and you were mis-informed by suing in small claims...go to Civil court.


Asked on 6/13/09, 3:09 pm

3 Answers from Attorneys
Kristen Browde Browde Law, P.C.

Re: suing a NYcorp.

I'd be happy to assist you. Please feel free to get in touch.

Be aware, however, that there actually is a provision of New York's corporation law that says that in order to obtain the protection of the New York courts a foreign (outside the state) corporation must be registered. That registration can be accomplished simply...but since the other side's lawyer obviously knows about this section of law, there's no point in suing without registering first.

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Answered on 6/13/09, 3:19 pm
Christopher Hoyt The Law Offices of Christopher W. Hoyt

Re: suing a NYcorp.

You will need to register in New York to be able to bring actions in the New York court system. You may contact my office for a free consultation if we can be of any assistance in this matter.

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Answered on 6/13/09, 3:46 pm
Warren Markowitz Warren R. Markowitz, Esq

Re: suing a NYcorp.

In order to have proper access to the courts, you are going to have to register first. This we can accomplish rather simply. Then pay the back franchise taxes. After that we can refile, I am located in Vegas and licensed in NY so if you wish to speak with me to discuss this, email or call. I would be happy to assist.

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Answered on 6/13/09, 6:26 pm


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