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jurisdiction?

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rwb

Junior Member
I am being sued in small claims court in NYC. I live and operate my business in NJ; however, I did sell and deliver goods to the claimant's home in NYC. Does the Civil Court in NY have jurisdiction over my case, or must the claimant file his case in my county and state?
Secondly, I have filed a counter claim with NYC's Civil Court. Is it possible that my case could be heard and the claimant's not (due to lack of jurisdiction)? If you respond to this, could you please provide a reference that I could present to the court?
Thank You.
 


JETX

Senior Member
rwb said:
I am being sued in small claims court in NYC. I live and operate my business in NJ; however, I did sell and deliver goods to the claimant's home in NYC. Does the Civil Court in NY have jurisdiction over my case, or must the claimant file his case in my county and state?
The fact that the contract was completed (delivery) at the claimants home, means NY courts would apply.

Secondly, I have filed a counter claim with NYC's Civil Court. Is it possible that my case could be heard and the claimant's not (due to lack of jurisdiction)?
See above.

If you respond to this, could you please provide a reference that I could present to the court?
Reference to what??
 

badapple40

Senior Member
Not only that, but by filing a counterclaim or answer and not raising personal jurisdiction, most court rules state that you waive a jurisdiction defense.
 

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