Legal Question in Consumer Law in New York

Re: how to sue large company in ohio in ny small claims for tire defects.

Dear Reader:

In examining this response, please note that we are not entering into an attorney/client relationship, that this is to be taken as informative, and not as legal advice, that it is always best to speak to a lawyer in your area and/or in the area where the transaction and/or events occurred, and that my answer is necessarily limited by the fact that I have not seen the documentation or had an opportunity to go over the matters with you in detail.

In New York, you generally can not sue an out-of-state company in small claims court; the summons must be mailed to the company itself (and not an agent or sales rep) within the county where you file the suit (anywhere in NYC if you sue in one of the boroughs).

You can use the Civil Court (in NYC) the District Court (in Nassau and parts of Suffolk) and County Courts elswhere to sue out of state companies that sold defective merchandise to you, but I recommend a lawyer, as these are "regular court" options.

Your tire dealer has an independent, but related obligation to you when it sold you the tires, and if it is in your county, it is possible to proceed against it in Small Claims in its county.

As I mentioned before, this is something that you will want to take up with a lawyer of your own selection, either in your state or area or in a place where some of the pertinent events occurred.

Rod Kovel

Attorney at Law

516-312-9900