I recently purchased furniture from a small furniture company in NYC. I myself live in PA but since the company is located in NY I am suing in Small Claims Court in NYC. During the period of trying to solve issues with my order I interacted with two people, who it seems like they co-manage the company. I was wondering if just by suing the company (not individuals), I already (by default) ask for both of them in court OR do I need to subpoena specific individuals if it's crucial for my case that they are there? Advice will be appreciated. I will also be glad to clarify if my question is unclear to someone.
For myriad of reasons, the need to ask that question inspires little confidence in your ability to successfully manage your lawsuit.
For instance how could you expect to show an agency relationship between the people with whom you “interacted” and the defendant furniture company, and that they were acting within the scope of their authority (express or apparent), without being able to examine then in court?
Also, if their testimony is unfavorable – which you will not know until they take the witness stand - it would be impossible for you to impeach them since they would be called as your witnesses.
Lawyers who rely on evidence from the opponent to prove their client's case commonly end up seeking honest employment.