My business was just served with a lawsuit. What should I do first?

Do not ignore the deadline printed on the summons, since New York courts generally require a response within 20 to 30 days depending on how you were served, and missing that deadline can result in a default judgment against your company. Gather the contract or agreement at issue, any related communications, and the complaint itself before your first call with an attorney. Diskin Litigation reviews served complaints quickly and can often provide an initial assessment of your exposure and options within a day or two of receiving the documents.

Can a commercial dispute be resolved without going to court?

Many commercial disputes resolve through negotiation or mediation once both sides understand the strength of the opposing position, and a well-prepared demand letter or pre-suit negotiation sometimes avoids litigation entirely. That said, some disputes only resolve once a lawsuit forces the other side to take the matter seriously, which is why the firm prepares every matter as though it may go to trial regardless of how it ultimately concludes.

What does it cost to pursue or defend a commercial litigation case in New York?

Costs vary significantly based on the complexity of the dispute, the amount in controversy, and whether the case settles early or proceeds through discovery and trial. Diskin Litigation discusses fee structure directly during the initial consultation and provides an honest estimate of the likely cost range before any engagement begins, so clients can weigh the litigation against the value of the underlying dispute.

How long does a commercial litigation case typically take in New York?

Straightforward contract disputes can sometimes resolve within six months to a year, particularly if the facts are clear and one side has little incentive to draw out the process. More complex matters, including shareholder disputes and cases involving multiple parties or extensive document discovery, often take one to two years to reach trial, and longer if either side appeals. Diskin Litigation gives clients a realistic timeline estimate early on, based on the court, the complexity of the claims, and the likely posture of the opposing party, rather than an optimistic figure that ignores how the Commercial Division actually moves.

What is the difference between a business tort and a breach of contract claim?

A breach of contract claim requires only proof that a valid agreement existed and that one party failed to perform, without needing to show the other side intended harm. A business tort, such as tortious interference with a contract or fraud, requires proof of intent or knowledge, which is a higher bar but can open the door to punitive damages that are not available in a straightforward contract claim. Many commercial disputes involve both types of claims at once, and identifying which theories actually fit the facts, rather than pleading every available claim, is often what determines how a judge and jury view the case.

Practice Areas

Focused litigation across six practice areas.

The firm concentrates where the stakes are highest for business owners and individuals: the dispute that has already reached, or is heading toward, a courtroom.

Practice Areas

Focused litigation across six practice areas.

Commercial Litigation

Criminal Defense

Employment Litigation

Real Estate Litigation

Construction Litigation

Personal Injury

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