NYC Commercial Litigation FAQ

Questions Answered by a New York City Litigation Lawyer

The Law Offices of Steven R. Sutton is experienced when it comes to resolving commercial disputes in New York City. We aim to provide our clients with a personal relationship while using our experience as a large firm to aggressively fight for their wants and needs. When we take on a commercial litigation case, we thoroughly investigate all aspects of the case to ensure that we can provide the best possible representation for our clients. Our firm has over 75 years of combined experience with all types of commercial litigation cases. Commercial litigation can be a complex and confusing process, below are some of the questions that we receive regularly. If you have additional questions regarding commercial litigation in general or your specific case, do not hesitate to contact a NYC litigation attorney from our firm.

What is commercial litigation?

The exact definition of what commercial litigation entails is oftentimes unclear. This type of litigation is broad and covers a large area of law. Commercial litigation resolves any type of disputes within the business setting and in commercial or professional relationships. Countless types of civil matters can be resolved through this litigation on both the state and federal level.

What are some examples of commercial litigation matters?

Any business dispute can be resolved through commercial litigation. Some of the common matters that our firm has taken on include: business torts, breach of contracts, unfair practices, trade regulation, creditor / debtor issues, professional liability and many others. If you are unsure whether or not your current situation can be resolved through commercial litigation, ask a skilled New York City commercial litigation lawyer at our firm.

What entails a breach of contract?

A breach of contract occurs if a party fails to perform actions within a contract, without having a legal excuse to do so. It is a breach of someone's duty that is specified in written contract form. If you suffer from a breach of contract you may be able to receive compensation. A skilled attorney can fight to recover compensatory damages, punitive damages, rescission, incidental damages as well as your attorney fees and costs.

How does commercial litigation begin?

Parties may have to resort to commercial litigation if they have already exhausted other methods of dispute resolution. Mediation and negotiations often occur before the parties pursue litigation. In order for the process to begin, the plaintiff will generally team up with an attorney and draft a complaint. The complaint will state the allegations against the defendant and facts of the situation. The plaintiff will then serve the complaint to the defendant or multiple defendants and file the complaint with the court. The defendant will then serve the plaintiff and the court with an answer to the complaint. They can also file a counterclaim against the plaintiff in their answer.

What does the commercial litigation process look like?

After the complaints and answers are filed (initial proceedings), the parties will exchange all relevant documents and information that they have to support their claims. Parties may also have to provide a testimony to the counsel. Conferences will take place through the court to see if the case needs to go to trial. Oftentimes the case is settled by the parties before trial or through a motion practice. If it is not settled the case will go to trial. In trial, all evidence and legal documents will be reviewed by the court.

Who decides a commercial litigation case?

Generally, a jury will hear a commercial litigation lawsuit. The parties involved can waive the jury and have the case heard by a judge if they would like. The choice between having the case heard by a judge or jury can be a strategic decision depending on the unique case. A case can also not be heard by neither a judge nor jury, but rather an arbitrator or panel of arbitrators.

How long does the New York City commercial litigation process generally take?

The length of the process depends on various factors involved in the case. The type of issue plays a role in the length of the litigation along with the amount of motion practice that occurs. If the parties settle the case before trial, the process can be much shorter. In general, the average case will take at least a year but can be longer depending on the unique situation.

Can I appeal the results of my case?

A party is usually allowed to appeal the case but the court will only consider questions of law that may have affected the decision. The court will most likely not look into the facts of the case or the reasoning for the decision. They may take into consideration if the judge did not perform adequately or provide the proper instruction to the jury. If you win the appeal you will most likely be granted a new trial, not necessarily a new result. Appeals are generally allowed but do not always provide a solution to your dissatisfaction.

If you have a business dispute and are considering commercial litigation, be sure to team up with one of our NYC commercial litigation attorneys. If you have any further questions regarding commercial litigation, feel free to contact the Law Office of Steven R. Sutton and we would be happy to discuss your case.