Jurisdiction for filing lawsuits New York

[leafboy214]

Ontario, Canada (accident in New York)

Approximately 3 years ago, I was involved in an accident (property damage at the time) in a toll lane in New York, where another driver cut me off, causing the front left corner of my vehicle to hit the right rear corner of his. At the time he and his passenger did not claim to have suffered any injuries. Now, just within the three year statute of limitations, they have filed a claim against me, citing back injuries. My insurance company has steadfastly refused to ascribe any fault to me based on pictures of the damage and the police report. The interesting part is that since we both live in Ontario, the other driver has filed it in ONTARIO. Are there laws in New York stipulating that all accidents taking place in New York must be filed in New York or does the state allow the trial to take place in another state if both parties are from that other state. While this one is likely to die at discovery, it would be nice to prevent it from ever reaching THAT stage. Ontario law allows for the filing with an Ontario Court, but the laws of the state in which the accident took place are the ones governing the filing. Therefore, if New york requires all legal action to be taken in New York, this will be over. Can anyone help me out here?

Thanks.

 

[You Are Guilty]

NY has no such rule. Check Article 5 of the CPLR (here's just one section):

Venue based on residence. (a) Generally. Except where otherwise
prescribed by law, the place of trial shall be in the county in which
one of the parties resided when it was commenced; or, if none of the
parties then resided in the state, in any county designated by the
plaintiff. A party resident in more than one county shall be deemed a
resident of each such county.
(b) Executor, administrator, trustee, committee, conservator, general
or testamentary guardian, or receiver. An executor, administrator,
trustee, committee, conservator, general or testamentary guardian, or
receiver shall be deemed a resident of the county of his appointment as
well as the county in which he actually resides.
(c) Corporation. A domestic corporation, or a foreign corporation
authorized to transact business in the state, shall be deemed a resident
of the county in which its principal office is located; except that such
a corporation, if a railroad or other common carrier, shall also be
deemed a resident of the county where the cause of action arose.
(d) Unincorporated association, partnership, or individually-owned
business. A president or treasurer of an unincorporated association,
suing or being sued on behalf of the association, shall be deemed a
resident of any county in which the association has its principal
office, as well as the county in which he actually resides. A
partnership or an individually-owned business shall be deemed a resident
of any county in which it has its principal office, as well as the
county in which the partner or individual owner suing or being sued
actually resides.
(e) Assignee. In an action for a sum of money only, brought by an
assignee other than an assignee for the benefit of creditors or a holder
in due course of a negotiable instrument, the assignee's residence shall
be deemed the same as that of the original assignor at the time of the
original assignment.
(f) Consumer credit transaction. In an action arising out of a
consumer credit transaction where a purchaser, borrower or debtor is a
defendant, the place of trial shall be the residence of a defendant, if
one resides within the state or the county where such transaction took
place, if it is within the state, or, in other cases, as set forth in
subdivision (a).