Legal Question in Construction Law in New York

Re: Money owed

You certainly do not have to chase the would-be seller to California. You can sue him here because (1) he has property here and (2) he transacted business here and your lawsuit is based on that transaction.

Your best bet would be to file a mechanic's lien IF the work (any part of it) was done within the past four months.

However, because the defendant is not physically present in New York, you cannot use small claims court. You will need to go to the Supreme Court or County Court in your county, and when the clerk asks why you are in Supreme Court, you can remind him that the defendant "is not within the territorial jurisdiction" of the lower courts.

Even if you do not file in time, you still have a lien on the house for the amount you put into it. I was, briefly, concerned about your down payment. In Downstate, one usually puts 10% down when the contract is signed. In your case, the down payment is not as significant, though you should make sure that you do not sign a "general release" or similar document when you get your down payment refunded.

Re: Money owed

Jurisdiction over the defendant can be obtained under CPLR 302 which allows the court to exercise jurisdiction over the person of someene who contracts anywhere to supply goods or services within NY. Or if the contract was entered into in NY that would be sufficient.

The small amount is within the limit of District

Court monetary jurisdiction.

Be aware that many contracts have provisions for governing law and venue.