Q: When can my breach of contract case be heard in New York?
A:Bringing a breach of contract lawsuit to the courts can be a very stressful situation. Trying to figure out if you can bring the case to the New York court system—if that’s where you want it to be held—might bring some added stress if you’re an out-of-state party or if the defendant is not as involved in New York.
In general, you can bring a case to the court of your choosing based on convenience—but convenience to you is not always enough. There are criteria stated in constitutional law which spell out when a breach of contract case can be heard in New York.
The following criteria determine if the case can be heard in New York, even if the plaintiff or defendant isn’t based in New York:
- A New York Business Contract: The contractual work involves a New York-based company or corporation
- Contract Negotiations: The contract was negotiated or put in motion in New York
- Visitation: The business relationship requires the parties to visit New York to discuss contractually-related topics
- Correspondence: Documents, payments, or other correspondence are brought to a New York group
- Supervision: Supervision of contractually-related business falls under a New York company or corporation
The above criteria do not individually decide whether or not New York courts will hear the case, but the overall situation involving the contract my be taken into consideration when determining proper jurisdiction.
If you have questions regarding what may or may not be heard by New York courts, an experienced New York business lawyer may be able to answer them and get you back on track. Contact the Law Offices of Jonathan M. Cooper for a free consultation, and order your free copy of 3 Reasons That Your Employment Agreement May Not Be Worth The Paper It's Printed On.