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How to Sue a Company or Person in New York

If you’re wondering how to sue someone in New York, whether it’s an individual who caused you harm or a business that broke a contract, understanding the legal process is crucial. Filing a lawsuit is more than just filling out paperwork; it’s about knowing your rights, understanding the legal basis for your claim, and navigating a complex procedural system. This guide will walk you through each step, starting with the foundation of any lawsuit: the cause of action.

Step 1: Identify Your Cause of Action

Before you can sue anyone, you must determine the legal reason you are entitled to bring a lawsuit. This legal reason is called a cause of action. It’s the specific claim you’re making under the law, such as breach of contract, negligence, or defamation.

View New York Causes of Action

For example:

  • If a business sold you a defective product that caused an injury, you might sue for product liability.
  • If a former employer wrongfully fired you in retaliation for reporting illegal conduct, you might bring a claim for retaliatory discharge under New York Labor Law.
  • If someone damaged your reputation by spreading false information, you might have a claim for defamation.

Learn more about the different types of claims by visiting our New York causes of action guide.

Identifying the correct cause of action is vital. Your entire case rests on it. Courts require specific legal grounds to hear a lawsuit. If you sue someone without a valid cause of action or choose the wrong one, your case could be dismissed early.

Even if you are representing yourself (known as appearing pro se), you need to clearly understand what kind of wrongdoing occurred, which law applies, and what elements you need to prove. Legal research is essential. Start by looking up similar cases or reviewing statutory law. If you are unsure, consult a New York attorney who can review your situation and identify one or more possible causes of action. Filing a case with the wrong legal theory not only wastes time and money, but may prevent you from bringing the correct one later.

Each cause of action has legal elements that must be met. For example, in a negligence case, the plaintiff must prove that (1) the defendant owed a duty of care, (2) that duty was breached, (3) the breach caused harm, and (4) damages resulted. If you miss even one element, your case fails.

Likewise, some causes of action are subject to heightened pleading standards. Defamation, fraud, and certain statutory claims require very specific factual allegations. Without those details, the court may dismiss the complaint for failing to state a claim.

Taking time to choose the correct cause of action not only increases your chances of success but also strengthens your credibility with the court.

Step 2: Determine Where to File (Venue and Jurisdiction)

Once you’ve identified the right legal claim, your next step is to figure out where to file the lawsuit. You can’t file just anywhere. The court must have both subject matter jurisdiction and personal jurisdiction over the defendant. Additionally, your case must be filed in the correct venue.

Subject Matter Jurisdiction

This refers to the type of case a court is allowed to hear. In New York, different courts handle different types of civil disputes:

  • Small Claims Court: Handles disputes involving money damages up to $10,000 in New York City, and typically up to $5,000 elsewhere in the state. These courts are ideal for straightforward cases without the need for a lawyer.
  • Civil Court of the City of New York: Can hear civil cases involving amounts up to $50,000.
  • Supreme Court of the State of New York: Despite its name, this is the trial-level court for major civil cases.

Some courts have special divisions. For instance, if you’re suing a landlord or tenant, housing court may have exclusive jurisdiction. The Commercial Division within the Supreme Court handles complex business disputes.

Personal Jurisdiction

This means the court has power over the person or entity being sued. Typically, New York courts have personal jurisdiction if:

  • The defendant lives in New York
  • The defendant does business in New York
  • The dispute happened in New York
  • The defendant owns property in New York

If you are suing a company, you may need to verify that it is registered to do business in New York. You can do this by searching the New York Department of State’s corporation database.

If the defendant is located outside New York, you may still sue in New York under the state’s long-arm statute if the defendant has sufficient connections to the state, such as conducting business or committing a tort within New York.

Venue

Venue rules determine the county where you can file the lawsuit. Generally, you file:

  • In the county where the defendant or plaintiff lives or has its principal office
  • In the county where the events giving rise to the claim occurred
  • In contract cases, sometimes where the contract was to be performed

Filing in the wrong venue may delay your case, as the defendant can ask to transfer it to the proper county.

Step 3: Gather Evidence and Documents

Even before you write your complaint, begin collecting any documents, records, or information that support your claim. The earlier you gather what you need, the more prepared you will be.

Types of evidence depend on your cause of action but often include:

  • Contracts or receipts proving the agreement or purchase
  • Emails, messages, or letters that confirm promises made or issues discussed
  • Photos or videos of injuries, damaged property, or dangerous conditions
  • Medical records or invoices if you’re claiming physical or financial harm
  • Witness names and contact information

For certain claims, you may also want to get expert evaluations or affidavits. For example, in a construction defect case, a licensed contractor’s assessment might be crucial.

Make digital and paper copies of everything, and keep them organized. It may be helpful to attach relevant documents or at least refer to them in your complaint. You don’t need to present all your evidence at once, but showing you have it can strengthen your initial filing.

New York courts follow rules requiring factual specificity. Under CPLR 3013, your complaint must contain “statements sufficiently particular to give the court and the parties notice of the transactions or occurrences intended to be proved.” Generic claims without facts are at risk of dismissal.

If you have trouble gathering documents or locating witnesses, make a list of what you need and start contacting third parties early. Once the lawsuit is filed, formal discovery tools can be used, but courts expect that you’ve done some due diligence beforehand.

Step 4: Draft and File a Summons and Complaint

Once you have your facts and legal claim, the lawsuit officially begins when you file a Summons and Complaint with the appropriate court.

The Summons

The Summons is a formal notice to the defendant that they are being sued. It tells them:

  • They must respond within a specific number of days (typically 20 or 30, depending on how they are served)
  • The court where the lawsuit was filed
  • Your name and address as the plaintiff

It’s a brief document, but legally required under CPLR 305.

The Complaint

The Complaint is the core of your lawsuit. It must include:

  • The parties involved (you and the defendant)
  • The facts of the case
  • The legal basis (cause of action)
  • The damages or remedy you are seeking

Every complaint should be:

  • Clear: Written in plain, direct language
  • Factual: Avoid conclusions without backing them up
  • Organized: Follow a logical structure, preferably chronological, especially when listing multiple claims

For instance, a well-pleaded negligence complaint might include the following:

  1. Defendant owed a duty of care (e.g., a store must keep customers safe)
  2. Defendant breached that duty (e.g., failed to clean up a spill)
  3. Plaintiff slipped and fell as a result
  4. Plaintiff suffered injuries and incurred medical expenses

You should sign the complaint and include a verification or certificate of merit, depending on the type of case. Some cases, like medical malpractice, require a sworn statement that an expert reviewed the case (certificate of merit).

The complaint must follow court formatting rules, including spacing, font, margins, and caption style. Many courts provide templates, and if you’re unsure, court clerks may help with procedural questions (but not legal advice).

After drafting, file the summons and complaint with the court clerk. Pay the required filing fee, which varies depending on the court and the amount in controversy. The clerk will stamp the documents and return copies for service. It’s best to electronically file these documents.

Step 5: Serve the Defendant

After filing, the law requires you to notify the defendant by delivering the filed documents. This is called service of process, and it is a critical step in any lawsuit.

Under CPLR 308, proper service methods include:

  • Personal service: Giving the papers directly to the defendant
  • Substituted service: Leaving the papers with someone at the residence or place of business, and mailing copies
  • Nail and mail: Posting the papers at the door and mailing them (used only after reasonable attempts at other methods)

If you’re suing a company, you usually serve the registered agent listed with the New York Department of State. The Department can also accept service for registered entities.

Whoever serves the papers must:

  • Be at least 18 years old
  • Not be a party to the case
  • Complete an Affidavit of Service to prove delivery was done correctly

There are strict timelines. Generally, service must be completed within 120 days of filing the complaint. Failure to serve correctly or on time may lead to dismissal.

Once service is complete, file the Affidavit of Service with the court. This tells the judge that the defendant was properly notified and that the case can proceed.

Correct service is fundamental. If the defendant can prove they weren’t served correctly, they may get the case dismissed, no matter how strong your evidence is.

Conclusion on How to Sue in New York

In New York, knowing how to sue is not just about preparing documents, it’s about building a legally sound case, choosing the right court, and ensuring every procedural step is followed with precision. Whether you’re seeking justice from an individual or a business, taking the time to do it right from the beginning can make all the difference.

If you’re ready to explore your legal options, the first step is to identify your cause of action. Visit our Causes of Action in New York guide to learn more.