Legal Question in Civil Litigation in New York

Internet Sales

How does the law cover internet sales/telephone sales ?

I purchased an item (palm tree) on the internet recently. I am not satisfied with the quality.

The tree was shipped to me damaged (I have photos). The company refuses to refund 100% of my money

paid and wants to charge a 35% re-stocking fee.

What recourse do I have ? Can I sue them in NY Small Claims court?

Since they sell in NY, does NY Small Claims have jurisdiction ?


Asked on 10/06/03, 9:09 pm

1 Answer from Attorneys
Louis Venezia Law Offices of Louis Venezia at Union Square, P.C.

Re: Internet Sales

Generally, transmittal of sales alone is not enough to obtain jurisdiction. But, many companies register to conduct business in the State of New York which automatically allows for jurisdiction over them. Of course, should you learn that they have an office in New York or that they are registered, bringing the lawsuit in small claims court compels them to spend more money on a lawyer that it would cost to reimburse you.

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Answered on 10/06/03, 11:01 pm


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