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Q:
Can I bring a breach of contract claim in New York even if the party committing the breach does not live in state?

A:

When a party breaches an agreement but does not reside in state, he or she could still be found liable for breach of contract in New York courts. The answer to whether the suit can be filed in this state does not depend on your state of residence. Instead, it is a fact-based analysis that is used to determine whether the breaching party has sufficient contacts within the state. 

The following is an overview of steps to take if you find yourself in this situation:

  • Contact an experienced New York breach of contract attorney for guidance. The attorney will review the facts and circumstances surrounding your agreement and the alleged breach to help determine whether New York is the proper venue for bringing a claim against the other party.
  • Determine whether the other party to the agreement is a resident of the state. If not, your legal professional will help to conduct the analysis as to whether New York courts may still have proper jurisdiction.
  • Gather copies of the contract and written communications between the parties relating to the agreement. This includes communications that took place while the agreement was being negotiated.
  • Document the actions that were taken by the party committing the breach subsequent to the signing of the agreement.

New York contract law and other related laws are complex. Fortunately, you do not have to navigate the process alone. For more information about breach of contract and other New York business litigation matters, contact a New York business litigation lawyer today at (888) 497-3410 for a free consultation.