Where better to sue for breach of merchandise contract in civil or supreme court?

Asked 3 months ago - Brooklyn, NY

Took wrong order! Did not supply me in time of order with agreement papers, advertisement doesn't match with service, violated duty of care, trust, intrigued negligence for my mental and physical heath, breach a peace for 3 month!

Additional information

I don't have a lawyer! Would do it myself! Cannot afford.

Attorney answers (3)

  1. Richard J. Chertock

    Pro

    Contributor Level 17

    2

    Lawyers agree

    Answered . Choice of court would be determined by the amount of damages being sought. Lower court has jurisdictional limit which you can not exceed. If you are seeking more than $25,000 in damages you would need to go to Supreme Court. As for representing yourself, as the saying goes, an attorney who represents himself has a fool for a client. I strongly recommend you hire an attorney or a the very least review this with an attorney before taking any action.

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  2. Eric Edward Rothstein

    Contributor Level 20

    1

    Lawyer agrees

    Answered . It depends on your damages. Below $25,000 file in Civil Court. Above file in Supreme Court. You can not get emotional distress damages in a breach of contract case unless you can show an independent tort.

    The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal... more
  3. Stavros S. Skenderis

    Pro

    Contributor Level 9

    1

    Lawyer agrees

    Answered . Your damages must exceed $25,000 to sue in supreme court. Otherwise, you can only sue in civil court if below that amount. Any negligence claims must be proved separately from any breach of contract claims.

    All answers are for general purposes only and does not create an attorney-client relationship.

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