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QUESTION: "Does the NY court have subject matter juridiction?"
ANSWER: First of all, please allow me to take a moment and say that I am genuinely sorry for all you have been through with this ordeal. Accordingly, it brings me zero pleasure to share the following information with you. Here is how this works. You are quite well spoken and no doubt have an astute grasp of the underlying issues. You are entirely free to assert your argument, but unfortunately in my estimation and experience the other side has the more compelling position. Jurisdiction and venue are sometimes used interchangeably, even by legal counsel, but they are simply not the same thing. In other words, the threshold determinative issue is whether or not the Court in question can exercise subject matter jurisdiction pursuant to the doctrine of federal diversity of citizenship. It goes all the way back to the Judiciary Act of 1789 with the modern (present day) codification found here: 28 U.S.C. § 1332. Looking to doctrine such as a "causal nexus" and so forth, it can be rather amazing, frankly, just how broadly some Courts are willing to find and exercise jurisdiction. Certainly, after the matter of jurisdiction is put to rest one can still make arguments for trying the case elsewhere along lines such as forum non conveniens. But, based on your description, I would not be at all surprised to see subject matter jurisdiction "stick". I would love to say otherwise, and I hope I am proved to be entirely wrong and that you completely prevail. But, I just respect you too much to do you the disservice of misleading you or providing false information, even when the means being the bearer of entirely correct although admittedly discouraging news. Neither you or I made this law, and very often I personally disagree with it, but nevertheless that is the truthful reality, at least in my opinion.
I truly hope all works out for you.
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