We have an LLC that is failing after Hurricane Sandy and various issues afterwards . There is a contract dispute. First the vender tried to sue us in NJ court... I want to move it to NY. The suit is for 11K Is NY better for this matter?
The contract says disputes will be governed by NY. Here is the contract language
"This Agreement shall be governed by the laws of the State of New York without giving effect to its conflicts of law principles. Each Party agrees to
submit to the non-exclusive jurisdiction of the federal and state courts of the State of New York. Payment-related issues may be governed by the
laws of the country where the subscriber is located."
My name is XXXXX XXXXX I look foward to providing you information in this regard
Please tell me, however, what is it you need to know? What is the quesiton?
The vender filed suit in NJ court...when the agreement stipulates NY laws...I want to see if NJ should drop this for that reason... which force vender to file in NY which will buy the company some time to prepare defense...but is NY law more difficult than NJ with small cases like this?
I suggest you have all the grounds you need as per the contract to have the NJ suit dismissed and the vendor will have to refile in NY.
NY and NJ courts are about the same wihen it comes to contract disputes so you will be able to buy time in the matter having it dismissed in NJ. And the courts are basically the same.I hope that this information is helpful. If you need further information, please just send me a reply asking for clarification. After that, I hope you will enter a positive rating so that I will be credited for assisting you. Your business is appreciated.
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