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I am very sorry for your situation.Can I sue him in Small Claims Court for the remaining $2385?
The answer is yes
. This sounds like a breach of contract
. "Under New York law, an action for breach of contract requires proof of (1) a contract; (2) performance of the contract by one party; (3) breach by the other party; and (4) damages." Rexnord Holdings, Inc. v. Bidermann, 21 F.3d 522, 525 (2d Cir. 1994) (applying New York law)
.Can I do this in NY or does it have to be in SC?
This may be in NY. According to New York Civil Practice Law § 302
, any entity is subject to NY's courts if it "transacts any business within the state..." See here
. Buying artwork from an NY-based business qualifies, arguably.If statute of limitations applies, does it begin as of the last payment made?
It begins at last payment made or time the invoice became outstanding/due, whichever is later. In NY, statute of limitations for contracts is SIX YEARS per N.Y. Civ. Prac. L. & R. §213
I hope this helps and clarifies. Good luck.
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