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Posted by Mark Smith on May 12, 1999 at 23:02:49:

In Reply to: Maybe... basic small claims & NYSBA link posted by Anna on May 12, 1999 at 20:17:15:

: : : Landlord is suing for damages in NYC Small Claims court for an apartment owned in NJ. The address given on the summons is landlord's work address in NYC. Address stated on lease was in NJ.

: 1. Only individuals can sue in small claims courts, corporations, partnerships, etc, must use commercial claims court instead. What is your landlord, a person or a business entity?
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Mark Smith: Corporations, partnerships, and associations can sue in commercial small claims court in New York City if their principal office is located in New York State and if the defendant lives, works, or has a business office in New York City [New York City Civil Court Act, Sections 1801 and 1801-A].
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: 2. For jurisdiction, what matters is where you, the defendant, lives: if you now live in NYC, you can be sued in NYC.
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Mark Smith: If you live, work, or have a business office in New York City, you can be sued in New York City Small Claims Court or the commercial small claims court [NYCCCA §1801 and §1801-A].
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: 3. Did you read the Small Claims booklet on Tenant.net: click on NYC Housing Court from the homepage. There is more info under "Nolo" on the HC page.

: 4. There is another excellent article on the New York State Bar Association website: click below.

Follow Ups:

• Re: Manhattan commercial small claims Anna 5/13/99 (1)
  • Re: Manhattan commercial small claims Mark Smith 5/13/99 (0)

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: 
: : : : Landlord is suing for damages in NYC Small Claims court for an apartment owned in NJ.  The address given on the summons is landlord's work address in NYC.  Address stated on lease was in NJ.

: : 1.  Only individuals can sue in small claims courts, corporations, partnerships, etc, must use commercial claims court instead.  What is your landlord, a person or a business entity?
: =============================================
: Mark Smith: Corporations, partnerships, and associations can sue in commercial small claims court in New York City if their principal office is located in New York State and if the defendant lives, works, or has a business office in New York City [New York City Civil Court Act, Sections 1801 and 1801-A].
: =============================================
: : 2.  For jurisdiction, what matters is where you, the defendant, lives: if you now live in NYC, you can be sued in NYC.
: =============================================
: Mark Smith: If you live, work, or have a business office in New York City, you can be sued in New York City Small Claims Court or the commercial small claims court [NYCCCA §1801 and §1801-A].
: =============================================
: : 3.  Did you read the Small Claims booklet on Tenant.net: click on NYC Housing Court from the homepage.  There is more info under "Nolo" on the HC page.

: : 4.  There is another excellent article on the New York State Bar Association website: click below. 


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