Appellate Practice Attorney serving New York, NY
You don't have to sue him in Florida, you only have to have him served in Florida, which you can hire a process server to do. This dispute arose in New York and involves a contract which was negotiated and executed in New York between two New York residents (at the time) and was to be performed in New York. There is no question that New York can exercise jurisdiction over this matter, and no question that it will be cheaper and easier for you to sue him in New York (if you sue him in Florida, you're going to have to fly to Florida at least once to testify.) However, you may have to sue in Supreme Court rather than small claims, because I'm not sure that small claims court has jurisdiction over out of state residents. You can ask the clerk of your local small claims court about that.
Answered on Apr 25th, 2014 at 12:50 PM