Jackson Heights, NY asked in Contracts and Entertainment / Sports for New York

Q: Can I sue an entertainment company for not giving me copies of my daughter baptism?

I have hired a company for photography and video to record my daughters baptism around June 2018. I paid half of there contract. Until they gave me everything I would pay full. It is 2 years and they dont answer my text, email, or phone calls. This is not fair because I do not have one single photo of my daughter special day! I need help please

2 Lawyer Answers
Michael David Siegel
Michael David Siegel
Answered
  • New York, NY
  • Licensed in New York

A: When the courts reopen you can sue. Likely a small claims type case.

Gregory J. Tarone
Gregory J. Tarone
Answered
  • Entertainment & Sports Law Lawyer
  • Mount Kisco, NY
  • Licensed in New York

A: Since you entered into a bilateral contract with the "company" (presuming it is not a partnership), and it has not performed according to the terms you understood, in New York you certainly can bring that action within a time limitation of six (6) years (CPLR §3211(a)(5)). The time starts running at the time of the breach. What other state jurisdiction may apply could make a difference as to the statute of limitations, statutory and case law, so does that company have its principal office in your state jurisdiction? Is your agreement in writing or oral? Prepare to provide all communications you have had with the company -- emails, letters, etc. -- for evidentiary purposes.

To pursue the company's owners, check with your state agency that has jurisdiction over corporations and companies to see what the company's regulatory status is and who the registered agent for service of process is for the company or corporation. It must have assets worth pursing for your investment in and effort collecting the money owed to you from a judgment, if you prevail. Normally, you pay for your own attorney's fees, but where certain frauds are involved in New York a reasonable amount of those fees can be awarded in a judgment. If you cannot afford an attorney, seek help through your local bar association pro bono resources and The Legal Aid Society.

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