Civil Litigation
Most civil cases never go to trial. The ones that get the best outcomes are the ones prepared as if they will. We handle plaintiff and defense work across the full range of civil disputes in New York state and federal courts, from breach of contract to defamation to post-judgment enforcement.
What We Handle
Plaintiff Claims
When someone has wronged you, the path to recovery starts with a complaint that survives the other side's first motion to dismiss. Discovery then locks in the admissions that support your theory of the case, and the damages model has to hold up under cross-examination at trial. The pleading mechanics live in CPLR 3211 and 3016, with a heightened bar for fraud claims under 3016(b).
We handle plaintiff-side claims including breach of contract, fraud, conversion, replevin, defamation, tortious interference, and unjust enrichment. We file in the right court, plead with care, and prosecute the case with trial in mind from day one.
Defense and Motion Practice
If someone has sued you, you have 20 or 30 days to respond depending on how you were served. Miss the window and you lose by default. The mechanics live in CPLR 320, with default judgments under 3215 and vacatur (when it's still possible) under 5015.
Past the deadline, the case is defended through every procedural lever the CPLR provides: pre-answer motions to dismiss under 3211(a), affirmative defenses under 3018(b), summary judgment under 3212, and motions to vacate defaults under 5015 when a client comes to us after the worst has already happened. The right motion at the right time can end the case or reshape it on terms that favor the defense.
Emergency and Provisional Relief
Some disputes can't wait for the case to play out. If a counterparty is moving money offshore, breaching a non-compete in real time, or selling property they shouldn't, the court can step in within days.
The CPLR provides the tools: temporary restraining orders and preliminary injunctions under Article 63, attachment under Article 62 to freeze assets before judgment, and notices of pendency under 6501 to cloud title to disputed real property. These applications require speed, evidentiary support, and a clear theory of irreparable harm.
Post-Judgment Enforcement
Winning a judgment is not the same as collecting on it. A judgment is a piece of paper until you turn it into money in the bank, a lien on real property, or a wage garnishment.
New York's enforcement mechanisms under CPLR Article 52 include restraining notices on bank accounts (CPLR 5222), income executions on wages (CPLR 5231), property executions through the sheriff (CPLR 5230), information subpoenas to discover assets (CPLR 5224), and turnover proceedings against third parties holding the debtor's property (CPLR 5227). We enforce judgments for prevailing clients. If you are on the receiving end of a judgment or a restraining notice and need to fight back, see our debt collection defense practice.
Civil Appeals and Post-Trial Motions
Losing in the trial court is rarely the end of the case. Verdicts get set aside; Appellate Division panels reverse trial judges every term. The window to act is short, and the issues you can raise on appeal are mostly the ones you preserved at trial.
We make timely objections and motions throughout the case to preserve the record, file post-trial motions under CPLR 4404 to set aside verdicts, draft appellate briefs that focus the court on the strongest arguments, and argue cases at all levels of New York's court system. We also handle Article 78 proceedings when administrative action by a government body requires judicial review.
Common Questions
What is the statute of limitations for a civil lawsuit in New York?
6 years for breach of contract, 3 years for personal injury, 3 years for property damage, 6 years for fraud (or 2 years from discovery), and 1 year and 90 days for claims against a municipality. Missing the deadline permanently bars your claim regardless of how strong it is.
Source: N.Y. CPLR §§ 213, 214
How long does a civil lawsuit take in New York?
12-24 months on average from filing to trial in Supreme Court. Discovery alone typically takes 6-12 months. Cases in NYC courts often take longer due to volume. Settlements can happen at any stage, and roughly 95% of civil cases settle before trial.
How much does it cost to file a civil lawsuit in New York?
$210 index number filing fee in Supreme Court. Small claims court costs $15-$20 for claims up to $5,000 ($10,000 in NYC). Additional costs include service of process ($40-$75), discovery expenses, expert witnesses ($2,000-$10,000+), and attorney fees, which are typically the largest cost.
Source: N.Y. CPLR § 8018; NYCCCA § 1803
What is the difference between small claims court and Supreme Court?
Small claims court handles disputes up to $5,000 ($10,000 in NYC), requires no lawyer, and typically resolves in one hearing. Supreme Court handles unlimited amounts but involves formal pleadings, discovery, motions, and trial. Civil Court handles claims up to $50,000 in NYC.
Source: N.Y. UJCA s 1801; NYC Civil Court Act § 202
Can I sue someone for breach of contract?
Yes, if you had a valid contract, you performed your obligations (or were excused), the other party failed to perform, and you suffered damages as a result. Oral contracts are enforceable for most agreements, but certain contracts (real estate, guarantees, agreements lasting over one year) must be in writing under the Statute of Frauds.
Source: N.Y. Gen. Oblig. Law § 5-701 (Statute of Frauds)