Legal Question in Personal Injury in New York
Venue for Small Claims Court Filing?
The injury took place in New Paltz, NY
(at a hotel) but I reside in New York City
(and the resulting damages from the
injury took place in NYC). Can I file in
small claims court in NYC or do I have
to go to New Paltz to file?
3 Answers from Attorneys
Re: Venue for Small Claims Court Filing?
You would have to sue at the county/town courthouse in New Paultz. I don't think NYC Small Claims Court will accept a filing against an out-of-town defendant unless they have an office in NYC. If you are referring to Mohonk Mountain House, please contact me via email.
Re: Venue for Small Claims Court Filing?
If you are really thinking of an "injury suit" you don't file in small claims. Coonsult an attorney; venue is proper where the plaintiff or the defendant resides.
Smalls claims is different; for property damage up to $7500.00 outside of New York City, you must file in the District Court where the defendant resides if you want the court to effect process service.
Re: Venue for Small Claims Court Filing?
The general rule for small claims is that you have to sue in the municipality where the defendant resides. That's largely because of constitutional issues such as due process. In a regular lawsuit, the defendant must be served personally or by other authorized means, whereas in small claims, the court simply mails a notice.