Johnsonville, NY asked in Civil Litigation and Small Claims for New York

Q: I’m a New York State resident. Am I able to sue MSI Computers in my local small claims court? MSI is a Taiwanese company

MSI is a Taiwanese company with its US headquarters in California. They sell their computers through Best Buy and other retailers present in New York State. I would like to sue MSI because firmware I downloaded from their website crippled my computer and I believe they are responsible for providing faulty software. My question isn’t about how strong my case is, but if I can sue MSI in my local small claims court. Any help will be greatly appreciated :-)

1 Lawyer Answer
Aubrey Claudius Galloway
Aubrey Claudius Galloway
  • Scarsdale, NY
  • Licensed in New York

A: You can try to sue anyone in any court; but not necessarily with success. In this case, the small claims court lacks personal jurisdiction over the alien company, located in California. Also, what are the damages? If more than $3000 in villages and towns or $5000 in cities, the small claims court also would not have jurisdiction. In this case with regards to THE PARTIES only and NOT the SUBJECT MATTER, it would generally be brought in Federal Court under diversity jurisdiction.

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