Business And Commercial Litigation
Our New York commercial litigation lawyers have extensive experience in handling commercial and business disputes. We have handled everything from basic breach of contract, failure to pay a promissory note, partnership break ups, restrictive covenant litigation, mechanics lien litigation, and business torts including fraud, tortious interference with a contract or prospective advantage and civil R.I.C.O. violations.
Whether you are a small business owner who has had someone breach their contract, a business owner who has been cheated by a partner or a White Collar employee whose employer has breached an employment agreement, our New York City and Westchester County business litigation lawyers will stand up for you. Our Westchester and N.Y.C. commercial litigation attorney can handle all kinds of commercial and business disputes. We have been representing clients all over New York City, NY, Manhattan, Westchester, Rockland, the Bronx and in Queens, NY. Give us a call at (212) 858-0503 or (914) 574-8330 to discuss your case with our New York City and White Plains business litigation lawyer. We offer Free Initial Consultations to our clients.
We render honest legal services with your best interest in mind. On appropriate cases, we often take business cases on contingency for businesses who cannot afford the ridiculous hourly fees of the larger law firms. We know that businesses that have lost money on a business deal because of another party's dishonest behavior, cannot always afford to pay legal fees for years to fight to get back the money that they lost. Our business litigation attorneys often litigate against the larger Wall Street law firms and win.
BREACH OF CONTRACT
These cases are among the most common types of cases our attorneys encounter and they include everything from goods sold and not paid for, construction contracts where the work has been performed but not paid for or paid for but not done. With the economy in recession, our lawyers are seeing more and more cases of people who are taking advantage of their fellow man and not living up to their responsibilities. These times truly bring out the worst in people.
A breach of contract is any failure of a party to comply with a contractual obligation. The first thing to prove is the presence of a contract. A contract does not always have to be in writing. There has to be some sort of exchange of value and both parties have to agree to it. Agreement can be shown in exchanges of emails, exchanges of faxes, or any exchange that basically confirms to court the core terms of the agreement.
So if you sold goods or performed services under a contract and were not paid, our commercial litigation attorneys can help.
PROMISSORY NOTES AND RELEASES
Our New York attorneys aggressively pursue these types of cases. We are seeing an increase in people borrowing money and then failing to pay the lender back or employers breaching employment contract and then agreeing to a settlement directly with the employee and having them sign a release, and then failing to pay them. New York has an expedited procedure for obtaining a judgment in these cases, which we utilize frequently. In lieu of a complaint, we serve a summons with a motion for summary judgment putting the burden on the defendant immediately to justify why they didn’t pay. This procedure allows us to obtain judgments much quicker than going through the ordinary process, which can take years. Our New York attorneys who take commercial litigation cases on contingency, believe in streamlining the process to get our clients cases resolved as quickly as possible.
Our attorneys are seeing more and more cases of high net worth and white collar employees being taken advantage of. What used to be a problem which only manual laborers faced is now becoming more and more common among white collar employees, especially in banking, investment houses and wall street firms. These firms often think the law does not apply to them and that they are free to disregard their contractual obligations to their employees who have created the wealth which they enjoy.
Our business lawyers are committed to protecting the white collar employees who are victimized by dishonest employers and firms. We will not let these employers use people and then throw them away as if they were disposable.
EMPLOYMENT CONTRACT CASES
In general employment relationships are at will, unless there is an employment contract. Often in the white collar arena, there are employment contracts. If you have an employment contract, that has a minimum time of employment or states that you can only be terminated for cause or under certain circumstances, then if the company terminates your employment, in violation of the contract, then you can sue. Likewise, if your contract has a minimum bonus provision and you are underpaid or the company tries to stiff you on the bonus, then you can sue for breach of contract. Engagement letters qualify as employment contracts and often contain minimum salary requirements, guaranteed bonus requirements and termination without cause requirements. Our attorneys will carefully scrutinize your contract to see if a violation has occurred and if you have a lawsuit.
If you are a small business owner or a white collar employee with a business or commercial dispute, our New York business attorneys can meet with you in our Manhattan or White Plains Office. You can also give us a call at (212) 858-0503 to speak with our New York City business litigation lawyer, call us at (914) 574-8330 to discuss your case with our Westchester business litigation attorneys, or visit any of our offices in New York City or White Plains. Discuss your case with our Queens NY commercial litigation attorney to talk about the legal aspects of your case.
MECHANICS LIEN CASES
In the construction industry, not paying the subcontractors is a way of doing business for unscrupulous contractors. For years our mechanics lien attorneys have represented contractors who were not paid for the work that you did. If you performed labor on a property or rendered service and were not paid then you can file a mechanic's lien on the property. Mechanic’s liens are liens that a contractor can put on a property where they have done work to improve the property and have not been paid. A contractor has eight months to file a mechanic’s lien from the last day they furnished services on a commercial. If the property is a single family home, however, then they have to file it within four months of the last date in which they rendered service. The mechanic’s lien is a very powerful tool for the contractor, because it allows them to prevent the property from being sold. A lot of times a company will build a new development and try to sell it very fast and not pay all the contractors and subcontractors. This mechanic’s lien puts a stop to that, because no property owner can sell a building or property with a mechanic’s lien on it. Before a closing can go through, the mechanic’s lien has to be satisfied or bonded.
One of the questions that our mechanic's lien attorneys are asked is "How Does Someone Actually Enforce A Mechanic's Lien And Get Paid?" Once a lien is filed, that blocks any sale or refinance of the property. If a homeowner or a property owner wants to sell the property or refinance the property, they have to reach out and actually obtain a satisfaction from the contractor. After a year, the contractor has to
enforce the lien by going to court and asking for an order to foreclose the lien, to sell the property, and pay the lien. Usually when that happens, it will generate interest into settling thev case.
WHAT HAPPENS WHEN A MECHANIC'S LIEN IS BONDED
A bonded mechanic’s lien is where an owner will actually files a bond with the county clerk, which removes the lien from the property. This allows the property owner to remove the lien from the property, but it requires them to pay funds to an insurance company to purchase the bond. Once a bond is filed, the contractor can sue for the mechanic's lien, and file suit directly against the bond company to recover the amount of money that they are owed. New York's lien law requires that the property owner file a bond for 110% percent of the amount of money owed on the mechanic's lien, so that the contractor is protected. Once a mechanic's lien is filed, it has to be foreclosed, (sued on) within a year or it can be removed from the property, unless a motion is made in the Court to extend it. So alot of contractors opt to wait out the contractor, which is why are mechanics lien attorneys are aggressive and move quickly to file the mechanics liens and file suit.