Legal Question in Civil Litigation in New York

Suing a LLC in Small Claims Court

Last year I sold my house to a LLC which was building a senior living community next door to my property. Before I signed the Purchase Agreement, I had a Memorandum of Understanding, which I signed, as well as one of the Members of the LLC signed.

One of the things we agreed to in this agreement, was that upon closing of the sale of my property, and the purchase of my next property, that the builder would repair and replace the current concrete driveway at the new property with a blacktop driveway, and I would only pay for the materials to do so.

Well, now the members of the LLC are giving me the run around, first telling me that they can't cover the cost of the labor, while I pay only materials. Then I call and talk to the member who signed the agreement, and find that he has passed the issue along to his son (another member of the LLC). He asks me what I think the agreement means...and I tell him. Then he swears at me, and tells me if I keep this up, he will ''hang up the f'ing phone, and I will have to sue him for it.

So, my question is this; who should I sue? Should I sue the Members directly (specifically the one who signed the agreement), or the LLC itself, or both?

Any help would be greatly appreciated.


Asked on 7/22/03, 4:24 pm

3 Answers from Attorneys
Andrew Nitzberg Andrew Nitzberg & Associates

Re: Suing a LLC in Small Claims Court

Clearly, sue the LLC, the person who signed the agreement, and the officers of the LLC. This is the general rule in litigation: let the other parties and the judge sort them out. You want what you are owed and you do not care which person or persons are liable. Incidentaklly, Civil Court is only 35 for an index number (filing fee) and the max for which you can sue is 25,000. You are welcome to a consultation at no fee at my offices at 42 West 44th Street, NY,NY. Please call for an appointment first. (646) 591-5786.

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Answered on 7/22/03, 4:54 pm
Neil Colmenares The Law Office of Neil E. Colmenares, P.C.

Re: Suing a LLC in Small Claims Court

You have several options on who to sue. Please call my office at 718-888-3108 to schedule a consultation.

Very truly yours,

Neil E. Colmenares, Esq.

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Answered on 7/23/03, 8:48 am
Stephen Loeb Law Office of Stephen R. Loeb

Re: Suing a LLC in Small Claims Court

You would sue the LLC and its members, and you would sue in Civil Court not small claims court, which as of 7/14/03 costs $45 to file a complaint.

Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.

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Answered on 7/23/03, 9:17 am


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