Lawyers.com > Discuss Your Legal Issue > Ask a Lawyer > Breach of Contract > Whom do I include in a small claims lawsuit inNew Y? I have sued the owners of the firm, do I need to include their agent who breeched the contract?

Whom do I include in a small claims lawsuit inNew Y? I have sued the owners of the firm, do I need to include their agent who breeched the contract?

1 Answers. Asked on Mar 16th, 2017 on Breach of Contract - New York
More details to this question:
I signed an exclusive sublease contract with a New York RE Broker. He offered to safeguard some valuable property which was on top of my storage locker in writing. I accepted his offer. Over a year later, after many requests for their return, the principal of the Managing Agency wrote me that my goods had been thrown away and that his agent had quit the company. I demanded $. He denied my claim and got the building staff to sign statements denying they had ever seen them.. (This was after the Agent told me in writing 5 times that the building staff had them in a secure place.) I filed a small claims action for $5,000 against the Managing Agent. Do I have to include the Agent who is no longer with the firm in the lawsuit? Will his emails to me be admissible as evidence in court?
Answers Showing 1 out of 1
Answered on Mar 18th, 2017 at 7:33 AM

Yes, as it is unclear he could bind his company to the deal.  He may be your only defendant.

Report Abuse
Breach of Contract
A contract is a legally enforceable agreement between two parties. When you enter into a contract, you do it in good faith and expecting that the other party will meet its legal obligations. But if that fails to occur, you or your business may have grounds for a breach of contract lawsuit against the other party. If successful, you may be awarded damages, or compensation for your losses and expenses in connection with the breached contract. The court can also rescind the contract or order the party that breached the contract to fulfill its obligations. If you're party to a breached contract--whether you've been accused of a breach or are trying to compel the other side to perform its duties--you need to hire an attorney who has experience with personal, professional and/or commercial contractual disputes.
Have an Breach of Contract Question?
It’s Free & Easy.
Ask a Lawyer
Top Contributing Lawyers
Mark Tischhauser, Esq.

Attorney - Florida

359 Answers, 21 Legal Topics

Patrick Johnson

Attorney - Tennessee

225 Answers, 40 Legal Topics

Michael D. Siegel

Attorney - New York

212 Answers, 27 Legal Topics

Ms. Maryellen Sullivan, Esq.

Attorney - Maine

157 Answers, 5 Legal Topics

Lori Nevias

Attorney - New York

118 Answers, 36 Legal Topics

Michael E. Fiffik

Attorney - Pennsylvania

117 Answers, 19 Legal Topics

Diana L. Anderson

Attorney - New Jersey

82 Answers, 23 Legal Topics

Breach of Contract Local Law Firms  
In United States change location
×
Please select state Update
Do It Yourself Legal Forms
Go

Popular Forums