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Law Offices of Jonathan M. Cooper

Q:
The other party to my New York contract does not live in this state. Can I file a breach of contract claim here?

A:

For most individuals or businesses, when bringing a claim for breach of contract in New York, it is best to file the lawsuit in the state that is the most convenient and favorable for their position. To do so, however, the courts within the state must have proper jurisdiction. If the other party does not reside in New York, the answer may not be immediately clear.

To determine whether your claim for New York breach of contract can be brought in this state, take the following steps:

  • Contact an experienced breach of contract lawyer in New York for guidance. Matters of jurisdiction are decided based on the facts and circumstances of each case. A legal professional can assist you in navigating this process.
  • Obtain copies of the contract and all supporting documents. Make specific note of the choice of law provision with the agreement, if one exists.
  • Gather information that supports a finding that the defendant has an ongoing contractual relationship within the state, such as a timeline of events relating to the contract that took place within the state.
  • Assemble all information relating to the negotiating and signing of the contract, if it took place in New York.

Fighting to have your breach of contract matter heard in the New York court system may be well worth the effort. Having your case go forward near where you are located could save you time and money. The laws in the state may also be more favorable to you than those in another state. 

To learn more, contact an experienced New York business litigation attorney today. For more information about breach of contract and filing a claim, call our office at (888) 497-3410. We are pleased to offer a free consultation.