Can I refile against the LLC for Breach of Contract?

[bj21]

What is the name of your state (only U.S. law)? NY

I recently filed a Breach of Contract case against the person I dealt with at an LLC.

I filed the lawsuit against this person (personally) and did NOT include the LLC as a defendant to the action.

The Small Claims Court judge who heard the case said it indead looked as if the contract was breached, but since I did not sue the LLC, he could not award in my favor in the lawsuit.

I would like to know if I can still file a a case against the LLC, or if I'm now precluded from doing so because I already sued a principal in the LLC (personally).

Thanks in advance for any help you can give me!

 

[MiguelT]

Unless I'm mistaken, you can still sue the LLC since they are the ones that broke the contract and not the original person that you sued. A new suit against the LLC would not count as a duplicate suit against the private individual, basically it's like you filed against a passenger in the car when you should have filed for the driver, which in this case is the LLC. Did the judge dismiss the case, or just not find in your favor?

 

[bj21]

Thanks MiguelT,

I've been very busy lately and this issue has just gone onto the back burner but I very much appreciate your taking time to reply.

I no longer have the paperwork from the original case disposition so I can't tell you if the judge dismissed it or didn't find in my favor (I thought they were the same thing).

In the courtroom the judge did say "it looks like your employer did indeed throw you under the bus here, however, you can't recover against Mr. X because other people in the LLC were privy to info that Mr. X apparently did not have".

Thanks again for the help!!!