Legal Question in Personal Injury in New York

Do I have Cause for action?

Until recently I was an eBay seller and made a fairly good income doing so. The products I sold where service based rather than tangible products. I recently ran into a disgruntled buyer who had purchased numerous time from me. The buyer opened 25 eBay buyer protection cases against me for non receipt. eBay only gives the seller the option to provide tracking information from a know shipping company e.g.: UPS to combat non receipt disputes. I can prove that I did indeed provide the service via email messages to and from the buyer. My question is do I have cause for action. If so what would I sue for? and finally I live in NY and the other party resides out of state. Would New York�s long arm statue apply here?

Thank you,

Kim B.


Asked on 8/30/11, 9:23 pm

1 Answer from Attorneys
SHAHRIAR KASHANIAN LAW OFFICES OF SHAHRIAR KASHANIAN, ESQ.,

You have to bring an action against the buyer in the jurisdiction he resides in for permanent injunction and libel. I would retain an attorney to send a letter asking for cease and desist and also a proper apology on Ebay and recanting any disparaging and baseless remarks and provide a one week timeline before proceeding with the first option. In the interim, try to document any damages you can prove regarding your probable libel action.

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Answered on 8/31/11, 10:16 am


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