Back in June 2016 with a spa company offer in Private Label. In the first few weeks, I spoke with the person handling my case. I was told everything should or would be up and running no later than Sept 2016. There were many times I had to call asking for an update. I was very courteous when asking for updates. Now the company won't even speak with me. I saved all the emails between both myself as well as the business. I have received 12 samples from them as well as logo in which I already had. Just 3 days ago, I emailed them saying that I would be giving them 48hrs to respond. I missed all of the holiday customers and I am in the same boat as when I started. I paid $1800 for about 12 samples and a logo that I have no rights to unless it pertains my website.
To answer your question directly, you can sue in NY as you are here. Collecting a judgment is another issue. However, I am not sure how you prove damages, and what was supposed to be "up and running". Sounds like you ventured nothing, and gained nothing.
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