Legal Question in Consumer Law in New York

If I had done business with a firm that had worked out of NY but moved to NJ, and while they did business in NJ, a situation took place for which I believe I can take an action against them. Which State must I bring suit against them? They only work in NJ since the firm moved there in 2003 and the situation that took place happened in NJ.


Asked on 2/24/11, 9:09 pm

2 Answers from Attorneys

Jason Stern Law Offices of Jason Stern

It's not a simple question. New York has a long arm statute that allows you to bring an action against any foreign corporation provided that the business has minimum contacts with New York. That could mean that they regularly conduct business in New York or with New York customers, that they are licensed by New York State to conduct business in New York or that they originally incorporated the company under New York law.

If it's a small claims matter, you would need to file the case in New Jersey. If it's something more substantial, you should probably consult with an attorney anyway.

Good luck!

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Answered on 2/24/11, 10:25 pm
Michael Markowitz Michael A. Markowitz, PC

To understand your question, the law firm is in NJ. The cause for the lawsuit happened in NJ. I agree with Mr. Stern that more information is needed. However, based on the limited facts presented in your question, I would say that you should commence the action in NJ, and that NJ law would apply.

Mike.

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Answered on 2/25/11, 5:54 am


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