Control disputes in closely held companies arise when owners disagree over who has the authority to manage the business, make major decisions, or control its future direction. In New York City, these conflicts often involve shareholder agreements, operating agreements, fiduciary duties, and allegations of misconduct. Because closely held businesses typically have few...
What Happens After You’re Served with a Commercial Lawsuit in New York?
Being served with a commercial lawsuit in New York means a legal claim has been formally filed against you or your business, and the clock has started on your deadline to respond. It does not mean the other party will automatically win, but ignoring the lawsuit can have serious consequences. Taking prompt...
Post-Judgment Options After a Business Lawsuit in New York
Winning a business lawsuit in New York does not automatically put money in your account. A judgment is only the starting point. What follows is a separate legal process, governed by CPLR Article 52, that determines whether and how a judgment creditor actually gets paid. A New York commercial litigation attorney...
Do Business Lawsuits Always Go to Trial in New York?
No, most business lawsuits in New York never reach a trial. The vast majority resolve earlier, through settlement, dismissal, or a pretrial motion that ends the case before a jury is ever involved. A New York commercial litigation attorney can help a business understand where its dispute falls on that spectrum...
Recent Trends in Real Estate Litigation: Case Studies from New York
Real estate litigation in Manhattan continues to evolve against the backdrop of rising regulatory scrutiny, tenants’ rights activism, and high-stakes developer disputes. Below, from Levy Goldenberg Law, are four recent case studies illustrating key litigation trends—and what property owners, landlords, and developers in Manhattan need to know.
Who Controls the Business During an Active Lawsuit?
In most cases, the people who controlled the business before the lawsuit continue to control it while the litigation is pending. Filing a lawsuit does not automatically transfer authority to the court or to the opposing party. However, when ownership, management authority, or fiduciary misconduct is at issue, litigation can significantly affect...
How Judges Evaluate Credibility in Business Litigation
Judges evaluate credibility in business litigation by examining whether testimony, documents, and conduct are consistent, reliable, and supported by the evidence. In New York City commercial disputes, credibility often affects how courts interpret conflicting facts, assess witness testimony, and resolve key issues. Even when a case involves complex contracts or financial records,...
Early Red Flags That a Contract Dispute Will Escalate
Most contract disputes do not become lawsuits overnight. In New York business litigation, escalation usually begins with warning signs that communication has broken down, obligations are being avoided, or one side is positioning for a legal fight. Recognizing these early indicators can help businesses preserve evidence, maintain leverage, and avoid strategic...
Can a NYC Business Lawsuit Be Dismissed Early?
A business lawsuit in NYC can sometimes be dismissed early if the claims are legally deficient or unsupported by the facts alleged. New York courts routinely dismiss commercial claims that fail to state a valid legal cause of action, lack jurisdiction, or are barred by contract terms or procedural rules. Early dismissal...
Can You Be Sued Personally for a Business Dispute in NYC?
Yes, individuals can be sued personally in a New York business dispute under certain circumstances, even when acting through a company. While corporate structures like LLCs and corporations are designed to shield owners from personal liability, that protection is not absolute. Personal liability can arise from guarantees, misconduct, or actions taken outside...