New York Business Litigation Lawyer

While we represent our New York clients in a diversity of matter, we have particular concentration in business litigation (including, by example, actions involving a breach of contract, breach of fiduciary duty, tortious interference with contractual relations, unpaid bills, disputes between business partners, shareholder disputes, limited liability company disputes, trademark infringement, unfair competition, and trade name infringement); real estate and real estate-related litigation (including, by example, landlord/tenant litigation, disputes arising from the purchase and sale of real property, actions involving condominiums and co-ops, property damage disputes, actions involving defective construction, and broker disputes); and defamation (including, by example, libel, slander, and internet defamation). We also represent clients in alternative dispute resolution forums such as arbitration and mediation.

Commencing litigation is an important step and there are a number of factors which need to be considered at the outset. First, you need to determine whether New York has jurisdiction over the dispute. Just because you want to start your case in New York (whether because you live in New York or for some other reason) does not necessarily entitle you to do so. Assuming that New York does have jurisdiction over the matter, you then need to decide whether you are going to commence the action in New York state court or in federal court. There are advantages and disadvantages to each and only very select categories of cases can be litigated in the federal court system. You also need to determine how much time you have to assert your claim, known as the statute of limitations period. You also need to determine the location within New York where you will commence the lawsuit, known as venue. Once you have determined where you would be commencing the litigation, you then need to prepare and subsequently file the document (normally the complaint) which sets forth the claims that you want to assert, with different claims having different criteria with respect to how they need to be asserted. At The Law Offices of Daniel A. Singer PLLC we can guide you through these important steps in commencing and pursuing your action in court.

Being served with legal papers can be a frightening experience. The first thing that you should do when you are so served is to contact an experienced NY business litigation attorney as there are strict time periods for responding. In consultation with counsel, you then need to decide how you are going to respond to the action. Assuming that you are served with a complaint (which is not always the case), the initial response will generally be either an answer or a motion to dismiss. If you interpose an answer, you can assert affirmative defenses to the action and also assert counterclaims against the plaintiff. If there are other defendants in the action you can also assert claims against them, with such claims being referred to as cross-claims. You can also try to dismiss the case in its entirety or some of the claims asserted in the complaint. This is known as a motion to dismiss. In representing you as a defendant in an action, we can advise you as to these important first steps which can critically influence the outcome of the case.

One of the most important decisions in starting a new business is choosing the correct entity through which to conduct your business, be it a corporation, limited liability company, partnership, or some other entity form. Our New York business formation attorneys advise clients as to the correct business entity for their specific purpose and prepare all necessary documents relating to the formation and administration of such entity including shareholder agreements, partnership agreements, and operating agreements.

Critical to the success of any business is the existence of clearly drafted contracts. We draft, negotiate, and review contracts which are pertinent to the needs of small and medium-sized businesses, including, among others, leases, promissory notes, purchase agreements, service contracts, agency agreements, buy-sell agreements, brokerage agreements, and licensing agreements. We also represent clients in the purchase and sale of businesses.

At The Law Offices of Daniel A. Singer PLLC, we are sensitive to the unique stresses involved in being in a dispute with a member of your family. We represent clients in uncontested and contested divorces as well as in proceedings pending in family court such as child custody/visitation proceedings and child support proceedings. At all times, we work in partnership with the client to achieve the desired result while at the same time minimizing the financial and emotional burden which such matters can place on a person.

While one may not be able to prevent divorce, there are certain steps one can take to minimize the impact of divorce if it does occur. One of the most important measures is entering into a prenuptial agreement prior to marriage or, if you are already married, to execute a postnuptial agreement. At The Law Offices of Daniel A. Singer PLLC, we draft and negotiate prenuptial and post-nuptial agreements on behalf of clients.

Please contact us today for a free telephone consultation with a New York business litigation lawyer. We look forward to hearing from you.