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I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear that this happened.
If the ice cream truck does not have a business address in New York, then the small claims suit would be filed in New Jersey, in the county where the driver/owner lives. Small claims is only for residents of a given state.
For damages exceeding $5,000, you could sue in the NY Supreme Court, because that's where the accident occurred. A person who drives on NY roads is agreeing to be sued in New York in relation to any accidents that arise - you're only limited if you want to use Small Claims.
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You can only sue in New York Small Claims if they have a registered address for service of process with the NY Secretary of State. They should, if they're licensed to operate in NY. Look them up here:
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