By: Peter S. Sanders – Commercial Litigation
Commercial disputes can be disruptive to business operations, reputations, and financial stability. When such conflicts arise, litigation may be the only viable method to protect contractual rights, recover damages, or defend against claims.
As a commercial litigation firm in NYC, we represent businesses with precision and professionalism at every stage of the process. This guide provides a structured overview of the commercial litigation process, explained in detail, designed to give business owners and executives clarity regarding what to expect when disputes escalate into formal legal proceedings.
Our commercial litigation practice is managed by Partner Peter S. Sanders, a New York commercial litigation attorney with nearly three decades of trial and settlement experience. Mr. Sanders has personally tried dozens of cases and resolved well over a thousand disputes through negotiated settlements. His leadership ensures that each matter is approached with the utmost seriousness, leveraging a deep understanding of the courts and procedures in New York and beyond.
Commencement Of Commercial Litigation
The process generally begins with the filing of a complaint in the appropriate court. The plaintiff sets forth the legal and factual basis for the claim, while the defendant has the opportunity to respond with an answer or a motion to dismiss. In New York courts, the formality of pleadings, adherence to procedural rules, and strict observance of deadlines are critical.
A commercial litigation lawyer in New York will advise the client regarding jurisdiction, venue, and the causes of action most appropriate to the dispute. Commercial matters often involve claims for breach of contract, fiduciary duty, corporate governance disputes, real estate controversies, or employment-related disagreements. Early strategic decisions made during this stage may determine the trajectory of the litigation.
Service Of Process And Initial Responses
After the complaint is filed, it must be properly served upon the defendant, ensuring that the court acquires jurisdiction over the parties. The defendant must then decide whether to answer, file preliminary motions, or assert counterclaims. An answer will typically admit or deny each allegation, while affirmative defenses are raised to preserve legal arguments for later stages.
Defendants frequently move to dismiss the complaint on grounds such as failure to state a claim, lack of jurisdiction, or improper service. Courts scrutinize these motions, and they may dispose of a case in its early stages if successful. In this phase, a New York commercial litigation attorney ensures compliance with technical rules and crafts responses that safeguard the client’s position.
Discovery Procedures
The discovery process is often the most time-consuming and costly stage of litigation. Each party is entitled to obtain evidence from the other through interrogatories, document requests, depositions, and admissions. Discovery is designed to eliminate surprise at trial and to clarify the issues in dispute.
In commercial matters, discovery frequently involves large volumes of corporate records, email correspondence, contracts, financial documents, and, in some cases, expert reports. Courts may impose sanctions for abuse of discovery, including failure to produce documents or obstruction of depositions. Managing discovery efficiently requires strategic planning and careful oversight by counsel.
Our litigation practice, under the supervision of Mr. Sanders, has extensive experience addressing discovery disputes, including motions to compel, protective orders, and sanctions. With experience lecturing to judges and attorneys on litigation topics, Mr. Sanders is well-positioned to navigate discovery in complex commercial cases.
Pre-Trial Motions
Once discovery is substantially complete, parties may file motions for summary judgment, seeking to dispose of the case or specific claims without the necessity of trial. Summary judgment is appropriate where no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law.
These motions require precise legal drafting, supported by admissible evidence and case law. Courts in New York carefully review whether disputes are appropriate for summary disposition, particularly in complex commercial cases involving competing expert testimony or factual disputes. Counsel must balance the costs of motion practice against the potential benefits of narrowing or disposing of claims.
Settlement Negotiations And Alternative Dispute Resolution
While litigation prepares for trial, most commercial disputes are resolved before reaching that stage. Negotiation and mediation provide opportunities for settlement, saving clients time and expense. Judges frequently encourage parties to engage in mediation or settlement conferences, particularly in the Commercial Division of the New York Supreme Court, which handles complex business disputes.
Our firm emphasizes pragmatic solutions where settlement serves the client’s interests. However, settlement is not pursued at the expense of leverage. Effective negotiation requires demonstrating readiness for trial while simultaneously exploring avenues for resolution. Mr. Sanders’ extensive settlement experience provides clients with realistic assessments of risk and opportunity.
Trial Procedures
When settlement is not possible, the case proceeds to trial. Commercial litigation trials may be conducted before a judge or a jury, depending on the nature of the claims. Trials involve opening statements, presentation of evidence, direct and cross-examination of witnesses, and closing arguments.
Commercial litigation lawyers in New York must be well-versed in both procedural rules and substantive law to present evidence effectively. Corporate disputes often involve expert testimony on financial matters, real estate valuations, or industry-specific standards. Preparing for trial requires significant investment of time and resources, including pre-trial conferences, exhibit preparation, and witness readiness.
Our litigation team, under Mr. Sanders’ leadership, has tried numerous commercial cases in both state and federal courts. With published decisions in the New York Law Journal and the New York State Bar Association Journal, Mr. Sanders’ experience underscores our firm’s authority in handling trials of significant complexity.
Post-Trial Motions And Appeals
Following a verdict, parties may pursue post-trial motions, including motions to set aside the verdict, motions for a new trial, or applications to amend judgments. These motions often focus on alleged procedural errors, evidentiary rulings, or claims of insufficient evidence.
Appeals provide an opportunity for higher courts to review errors of law or procedure committed at the trial level. Appellate practice requires specialized skills distinct from trial advocacy, with emphasis on written briefs and oral argument before appellate panels. CBMS represents clients through every stage of appeal, ensuring continuity and consistency in representation.
Common Types Of Commercial Litigation
While the commercial litigation process follows a general pattern, the substantive disputes vary widely. Typical categories include:
- Breach of contract claims between corporations or business partners
- Shareholder and partnership disputes concerning fiduciary duties
- Real property and leasing controversies involving commercial landlords and tenants
- Employment-related litigation, including restrictive covenants and trade secrets
- Construction litigation regarding contracts, defects, and delays
- Trust, estate, and fiduciary disputes impacting business interests
- Religious and not-for-profit organizational disputes involving constitutional and governance issues
Each category demands tailored litigation strategies, and counsel must bring subject-matter expertise to every case.
The Role Of Experienced Counsel
Businesses navigating litigation require more than procedural knowledge. Effective representation demands judgment, foresight, and credibility with the courts. At CBMS, we combine decades of experience with an unwavering commitment to client interests.
Partner Peter S. Sanders exemplifies this commitment. With nearly 30 years of practice, leadership roles in professional associations, and multiple published works, his experience reflects both authority and trustworthiness. His service as Vice President of the Kings County Housing Court Bar Association and his continuing education lectures for attorneys and judges reinforce the firm’s role as a respected authority in litigation.
Practical Considerations For Businesses
Businesses facing litigation should understand several practical realities:
- Time Commitment: Litigation is often lengthy, with cases lasting years before resolution.
- Cost Management: Legal fees and discovery expenses can be substantial, requiring careful budgeting.
- Reputation: Public proceedings may impact business reputation, requiring strategic communication.
- Business Disruption: Key personnel may be diverted from operations to participate in depositions or trial.
- Settlement Leverage: Maintaining readiness for trial enhances negotiation outcomes.
A commercial litigation firm in NYC with experience can assist businesses in preparing for these realities while safeguarding their legal and financial interests.
Moving Forward In The Litigation Process
The commercial litigation process is complex, demanding careful navigation of pleadings, discovery, motion practice, trial, and potential appeals. For businesses, understanding the process reduces uncertainty and enables more informed decision-making.
As a commercial litigation lawyer in New York, CBMS provides clients with strategic advocacy and practical guidance. Under the leadership of Peter S. Sanders, our litigation practice combines rigorous legal skill with pragmatic solutions, ensuring that each client is represented with professionalism and integrity.
Businesses engaged in disputes should consult with a qualified New York commercial litigation attorney to evaluate their options and develop a plan that aligns with their objectives. With nearly three decades of litigation leadership, our firm stands prepared to represent clients through every stage of the process.