Civil Litigation: Frequently Asked Questions

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

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.

$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

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

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)

A demand letter formally notifies the other party of your claim and requests resolution before litigation. While not legally required for most claims, it is practically essential. Many disputes settle after a well-drafted demand letter, saving you months and thousands in litigation costs. Some claims (like against municipalities) require a formal notice of claim.

Source: N.Y. Gen. Mun. Law § 50-e (notice of claim)

20 days to answer if served personally, 30 days if served by other means. Missing the deadline results in a default judgment against you, meaning the plaintiff wins automatically. Do not ignore a summons. Contact an attorney immediately, even if you believe the claim is frivolous.

Source: N.Y. CPLR § 320

Discovery is the pre-trial phase where both sides exchange relevant evidence, including document requests, interrogatories (written questions), and depositions (sworn testimony). New York requires disclosure of all material and necessary evidence. Failure to comply with discovery orders can result in sanctions or case dismissal.

Source: N.Y. CPLR § 3101

Generally, no. New York follows the American Rule, meaning each side pays its own attorney fees regardless of outcome. Exceptions exist when a contract includes an attorney fee provision, a statute authorizes them (civil rights, consumer protection), or the opposing party acted in bad faith.

A motion to dismiss asks the court to throw out a case before trial because of a legal defect. Common grounds include failure to state a claim, lack of jurisdiction, improper service, or expiration of the statute of limitations. It must be filed before or with the answer. If granted, the case may end entirely.

Source: N.Y. CPLR § 3211

Yes, if New York has personal jurisdiction over them. This typically requires that the defendant transacted business in New York, committed a tort in New York, or owns property here. New York's long-arm statute allows jurisdiction over out-of-state defendants in specific circumstances.

Source: N.Y. CPLR § 302 (long-arm statute)

Mediation is a voluntary, confidential process where a neutral mediator helps both parties negotiate a settlement. It costs a fraction of litigation, preserves business relationships, and resolves faster. Many courts require parties to attempt mediation before trial. Success rates are typically 60-80%.

A motion for summary judgment asks the court to decide the case without a trial because there are no genuine disputes about the material facts. It is filed after discovery when the evidence clearly supports one side. If granted, the case is resolved without the expense and uncertainty of trial.

Source: N.Y. CPLR § 3212

Compensatory damages cover actual losses (lost profits, repair costs, medical bills). Consequential damages cover foreseeable secondary losses. Punitive damages are rare and require showing egregious or willful misconduct. Pre-judgment interest at 9% per year is mandatory on most money damages in New York.

Source: N.Y. CPLR § 5001 (pre-judgment interest rate)

A mechanic's lien secures payment for labor or materials provided to improve real property. File within 8 months of last work performed (4 months for residential improvements) with the county clerk. The lien must be foreclosed within 1 year of filing. This is one of the most powerful tools for contractors and suppliers.

Source: N.Y. Lien Law §§ 3, 10, 17

File the judgment with the county clerk and use enforcement tools including income execution (wage garnishment up to 10% of gross wages), property execution (seizure of assets), bank account restraining notices, and real property liens. Judgments are enforceable for 20 years in New York.

Source: N.Y. CPLR Art. 52; N.Y. CPLR § 211(b)