Civil Litigation in New York

When a Dispute Cannot Be Resolved, You Need a Litigator — Not Just a Lawyer.

Last reviewed by Attorney Ronald S. Cook — April 2026

Litigation is what happens when negotiation fails. Whether you are bringing a claim or defending one, the stakes are real — money, property, business relationships, and reputation are all on the line. New York litigation moves fast, the procedural rules are unforgiving, and the difference between winning and losing often comes down to how the case is prepared before anyone sets foot in a courtroom.

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Practice Areas

Commercial and Business Disputes

Breach of contract, partnership and LLC disputes, shareholder and member actions, fraud claims, business torts, and unfair competition. New York commercial litigation is governed primarily by the CPLR, with substantive claims arising under the General Business Law, the Uniform Commercial Code, the LLC Law, and the Business Corporation Law. Many commercial disputes involve expedited proceedings — preliminary injunctions (CPLR 6301), temporary restraining orders, and Yellowstone injunctions in commercial lease disputes — where delay can be fatal to your position.

Real Estate Litigation

Contract disputes (purchase, sale, and lease), title defects, boundary and easement disputes, co-op and condo board actions, mechanic’s lien enforcement and defense (Lien Law Article 2), mortgage foreclosure defense, and landlord-tenant matters in both residential and commercial contexts. Real estate litigation in New York frequently involves lis pendens filings (CPLR 6501), specific performance claims, and actions under the Real Property Actions and Proceedings Law (RPAPL).

Consumer Protection and Debt Defense

Defense of collection lawsuits, Fair Debt Collection Practices Act (FDCPA, 15 U.S.C. § 1692 et seq.) claims, Fair Credit Reporting Act (FCRA) violations, New York General Business Law § 349 (deceptive business practices) and § 350 (false advertising) claims, credit card and medical debt defense, and judgment vacatur motions (CPLR 5015). Many consumers are sued on debts that are time-barred (CPLR 213, six-year statute of limitations on contract claims), improperly documented, or not owed at all — and default judgments are routinely entered against defendants who do not respond.

Employment Disputes

Wage and hour claims under the New York Labor Law (NYLL §§ 190–199-a) and the Fair Labor Standards Act (FLSA), wrongful termination, breach of employment agreements, non-compete and restrictive covenant disputes, discrimination and retaliation claims under the New York State Human Rights Law (Executive Law § 296) and the New York City Human Rights Law (Admin. Code § 8-107), and unemployment insurance hearings.

Contractual Disputes

Breach of contract, contract interpretation, rescission, reformation, and specific performance. New York contract litigation turns on the four corners of the agreement, the implied covenant of good faith and fair dealing, and — where the contract is ambiguous — extrinsic evidence of the parties’ intent. Liquidated damages, indemnification, and forum selection clauses are routinely contested. Choice-of-law provisions determine which state’s substantive law governs, which can be outcome-determinative.

Personal Injury

Motor vehicle accidents, premises liability, construction accidents (Labor Law §§ 200, 240, 241), slip and fall, medical malpractice, and wrongful death. New York personal injury cases are governed by a three-year statute of limitations (CPLR 214), with shorter deadlines for claims against municipalities (General Municipal Law § 50-e, 90 days for a notice of claim). Comparative fault under CPLR 1411 reduces but does not eliminate recovery.

Intellectual Property

Trademark infringement (Lanham Act, 15 U.S.C. § 1051 et seq., and New York GBL § 360-l), copyright infringement (17 U.S.C. § 501 et seq.), trade secret misappropriation under the Defend Trade Secrets Act (18 U.S.C. § 1836) and New York common law, and domain name disputes. Federal IP claims are litigated in the Southern and Eastern Districts of New York; state-law unfair competition claims can proceed in state Supreme Court.

How New York Litigation Works

If you have never been involved in a lawsuit, the process can seem opaque. Here is what to expect at each stage:

Pre-litigation. Before a lawsuit is filed, there is often an opportunity to resolve the dispute through demand letters, negotiation, or mediation. Pre-litigation strategy also includes preserving evidence, identifying witnesses, and evaluating the strength of the claims and defenses. In some cases, pre-action discovery (CPLR 3102(c)) is available to investigate potential claims before committing to litigation.

Pleadings. The lawsuit begins with the filing and service of a summons and complaint (CPLR 304, 3012). The defendant must answer or move to dismiss (CPLR 3211) within the time prescribed by statute — typically 20 or 30 days depending on the method of service. Counterclaims, cross-claims, and third-party claims are asserted at this stage. Failure to respond results in a default judgment.

Discovery. Both sides exchange documents (CPLR 3120), take depositions (CPLR 3107), serve interrogatories (CPLR 3130), and request admissions (CPLR 3123). Discovery is where most of the work — and most of the strategic advantage — lies. Discovery disputes are resolved by motion or conference before the court.

Motions. Dispositive motions — motions to dismiss (CPLR 3211) and motions for summary judgment (CPLR 3212) — can resolve all or part of the case before trial. Non-dispositive motions address discovery disputes, evidence issues, and procedural matters. Motion practice is a critical component of New York litigation and often determines the outcome.

Trial. If the case does not settle or get resolved on motion, it proceeds to trial — bench trial or jury trial depending on the claims and the parties’ demands. Trial preparation includes witness preparation, exhibit organization, motions in limine, and jury selection (voir dire). Most civil cases in New York settle before trial, but credible trial preparation is what drives favorable settlements.

Post-trial and appeals. After a verdict or judgment, post-trial motions (CPLR 4404) and appeals (CPLR Article 55) may be available. Judgment enforcement — including restraining notices (CPLR 5222), income executions (CPLR 5231), and property executions (CPLR 5230) — is its own process and sometimes requires as much attention as the underlying litigation.

Where New York Cases Are Litigated

Choosing the right forum — or responding effectively when you did not get to choose — matters:

New York Supreme Court — the state trial court of general jurisdiction. Most civil litigation above the small claims and district court thresholds is filed here. Supreme Court is organized by county; venue rules (CPLR Article 5) determine which county.
Civil Court / District Court / City Court — limited jurisdiction courts handling claims up to $25,000 (Nassau District Court) or $50,000 (NYC Civil Court). Many consumer debt collection cases are filed in these courts.
Small Claims Court — claims up to $5,000 ($10,000 in NYC Commercial Small Claims). Informal procedure, no formal rules of evidence, no attorneys required.
Federal Court (S.D.N.Y. and E.D.N.Y.) — cases involving federal questions, diversity of citizenship (amount in controversy exceeding $75,000), or claims removable from state court under 28 U.S.C. § 1441. Federal litigation follows the Federal Rules of Civil Procedure, which differ significantly from the CPLR.

Deadlines Matter — Statutes of Limitations

Every claim has a deadline. Miss it and the claim is gone, regardless of its merits. Key New York limitations periods:

Breach of contract: 6 years (CPLR 213(2))
Personal injury / negligence: 3 years (CPLR 214(5))
Medical malpractice: 2 years and 6 months (CPLR 214-a)
Property damage: 3 years (CPLR 214(4))
Fraud: 6 years from commission or 2 years from discovery, whichever is longer (CPLR 213(8), 203(g))
Claims against municipalities: Notice of claim within 90 days (GML § 50-e), action within 1 year and 90 days (GML § 50-i)
Defamation: 1 year (CPLR 215(3))
Article 78 proceedings: 4 months (CPLR 217)

Tolling provisions, relation-back doctrine, and accrual rules can extend or shorten these periods. If you believe you have a claim — or have been told a claim has been filed against you — consult counsel immediately.

Why Clients Choose Ronald S. Cook, P.C.

Thousands of five-star reviews from clients across New York.
Available 24/7.
Suffolk and Nassau County offices — Smithtown and Garden City.
Dual LL.M. degrees (Bankruptcy and Taxation) and an MBA — Attorney Cook brings financial, tax, and business analysis to litigation involving commercial disputes, debt defense, and asset-related claims.
Prior Wall Street experience — a perspective most litigators do not have.

Attorney Ronald S. Cook is the author of Litigation Unleashed: The Ultimate Guide to Winning Your Case, available on Amazon.com. View all books by Attorney Cook on Amazon.

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Whether you need to bring a claim or defend against one, contact us to discuss your situation. We will evaluate the facts, explain your options, and give you a direct assessment of where you stand.

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Text (631) 678-8993

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Last reviewed by Attorney Ronald S. Cook — April 2026

This page is for informational purposes only and does not constitute legal advice.