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Civil litigation and dispute resolution in New York
Contract and Commercial Disputes
Contract and commercial disputes in New York range from straightforward breach of contract claims to complex multi-party litigation involving business torts, fraud, and the enforcement of agreements across industries. When a business relationship breaks down, the cost of inaction is often higher than the cost of resolving the dispute. Unpaid invoices, breached agreements, and tortious interference with business relationships all have legal remedies that should be assessed before options narrow.
Parandian Law represents individuals and businesses in commercial disputes across New York State and federal courts, as well as in arbitration and mediation proceedings. Our litigation practice is rooted in our core practice areas, giving us a substantive advantage over general litigators unfamiliar with the underlying law. We approach every dispute with an honest assessment of the position before recommending a path forward.
Not every commercial dispute requires litigation. Many are resolved through demand letters, negotiation, or mediation before a lawsuit is ever filed. We advise clients on the most cost-effective path to resolution given the specific facts, the amount in dispute, and the strength of the available legal position, and we pursue that path aggressively on their behalf.
Commercial Dispute Attorney New York · Breach of Contract Attorney Westchester · Business Litigation Attorney New York · Contract Enforcement Attorney · Commercial Arbitration Attorney · Business Tort Attorney New York · NY Supreme Court Commercial Division · SDNY EDNY Commercial Litigation
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New York commercial dispute framework
Contract and commercial disputes — the essentials
A breach of contract claim in New York requires proof of four elements: the existence of a valid contract, the defendant’s breach of a specific obligation under the contract, the plaintiff’s performance of their own obligations, and actual damages resulting from the breach. New York courts enforce contracts as written and are generally reluctant to look beyond the four corners of the agreement when its terms are clear. The statute of limitations for a breach of written contract claim in New York is six years. For oral contracts, the limitations period is six years as well, though oral contracts are more difficult to prove and courts apply heightened scrutiny to claims based on them.
Commercial disputes in New York are heard in Supreme Court, which is the trial court of general jurisdiction, or in federal court where diversity jurisdiction or a federal question is present. The Commercial Division of the New York Supreme Court handles complex commercial matters and has its own rules and procedures designed for sophisticated business disputes. Many commercial contracts include mandatory arbitration clauses requiring disputes to be resolved through binding arbitration rather than court litigation. Arbitration is generally faster and more private than court litigation but limits the parties’ appellate rights. We advise clients on the implications of arbitration clauses before they sign contracts and represent clients in arbitration proceedings when disputes arise.
Key FACTS
Breach of contract elements:
Valid contract, breach, performance, damages
Written contract limitations period:
Six years in New York
NY Supreme Court Commercial Division
Diversity jurisdiction or federal question
Mandatory arbitration:
Enforceable if clearly stated in contract
Arbitration appeal rights:
Severely limited compared to court
Pre-litigation demand:
Often required or advisable before filing
Attorneys fees:
Generally not recoverable unless contract or statute provides
What we handle
Contract and commercial dispute services
Plaintiff and defendant representation in commercial disputes across New York State and federal courts and arbitration.
Breach of contract claims
Representation of plaintiffs and defendants in breach of contract disputes, including the enforcement of commercial agreements, service contracts, vendor agreements, real estate contracts, and business sale agreements. We assess the strength of the claim, identify available damages, and pursue the most cost-effective path to resolution for each client.
Business torts and unfair competition
Representation in business tort claims including fraudulent misrepresentation, tortious interference with contract or business relations, unfair competition, and misappropriation of trade secrets. We advise on the elements required to establish each claim under New York law and the remedies available, including injunctive relief where appropriate.
Contract drafting and dispute prevention
Drafting and review of commercial contracts with provisions designed to prevent disputes and protect our client’s position if a dispute arises, including clear payment terms, dispute resolution clauses, limitation of liability provisions, and indemnification obligations. The best time to address a potential dispute is before the contract is signed.
Arbitration and mediation
Representation in commercial arbitration proceedings before AAA, JAMS, and other arbitral bodies, and in mediation proceedings as an alternative to litigation. We advise clients on the implications of mandatory arbitration clauses and represent them effectively in alternative dispute resolution proceedings when court litigation is not available or not advisable.
How it works
Our commercial dispute process
01
Case evaluation
We review the facts, documents, and applicable law and give an honest assessment of the position, the available options, and a realistic cost-benefit analysis of proceeding versus settling. We identify the strength of the claim or defense, the likely damages or exposure, and the most appropriate forum for resolution before any action is taken.
02
Pre-litigation strategy
Before filing or responding to a complaint, we assess whether a demand letter, mediation, or negotiation can resolve the matter faster and more cost-effectively than litigation. Many commercial disputes are resolved at this stage. Where pre-litigation resolution is not possible or not appropriate, we prepare for litigation with a clear strategy and realistic timeline.
03
Pleadings, discovery, and motions
We draft and file pleadings, manage discovery, and bring or oppose dispositive motions. We keep our clients informed at each stage without burying them in litigation minutiae. We advise on settlement opportunities as they arise throughout the litigation and update our assessment of the position as facts develop through discovery.
04
Trial, arbitration, or appeal
If the matter proceeds to hearing, we represent our clients at trial or arbitration. If the outcome warrants it, we advise on and handle appeals to the appropriate appellate body. We also advise on post-judgment enforcement, including collection of judgments against defendants who do not pay voluntarily.
Common questions
Contract and commercial disputes FAQ
Someone breached a contract with me. Do I have a case?
To have a viable breach of contract claim in New York you need a valid contract, a breach of a specific obligation under that contract, and actual damages resulting from the breach. Whether it is worth pursuing depends on the amount at stake, the strength of your documentation, and the collectability of a judgment against the other party. A contract that is hard to prove, a defendant who has no assets, or damages that are too small to justify litigation costs can all affect whether pursuing the claim makes practical sense. We give you a straight assessment on all of these factors after reviewing your situation so you can make an informed decision.
How long do I have to file a breach of contract claim in New York?
The statute of limitations for a breach of written contract claim in New York is six years from the date of the breach. For oral contracts, the limitations period is also six years, though oral contract claims are more difficult to prove. For claims arising under the Uniform Commercial Code, such as disputes over the sale of goods, the limitations period is four years. Missing the statute of limitations bars the claim entirely regardless of its merits. If you believe you have a contract claim, you should consult an attorney promptly to confirm the applicable deadline. Tolling provisions and accrual rules can affect the calculation in ways that are not always obvious.
My contract has a mandatory arbitration clause. What does that mean for my dispute?
A mandatory arbitration clause requires the parties to resolve their dispute through binding arbitration rather than court litigation. Arbitration is generally faster, more private, and less expensive than court litigation for smaller disputes, but the arbitrator’s decision is nearly final and very difficult to appeal even if it is wrong. Discovery in arbitration is also more limited than in court litigation, which can be an advantage or a disadvantage depending on which side has the relevant documents. Whether arbitration is better or worse for your specific dispute depends on the facts, the amount at stake, and which party is likely to benefit from limited discovery. We assess the implications of the arbitration clause for your specific situation before advising on strategy.
Can I recover my attorneys fees if I win a breach of contract case in New York?
Generally no. New York follows the American Rule, under which each party bears its own attorneys fees regardless of the outcome unless a contract provision or specific statute provides otherwise. Some commercial contracts include fee-shifting provisions that allow the prevailing party to recover attorneys fees. Certain statutes also provide for fee recovery in specific contexts. If your contract includes an attorneys fees clause, that provision is enforceable in New York and can significantly affect the economics of the dispute. We review fee-shifting provisions in every commercial contract we draft and advise clients on their significance in disputes where such provisions exist.
Related services
Often considered alongside contracts and commercial disputes
Facing a commercial dispute?
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