Yes—most commercial cases in New York can be appealed if a party believes the trial court made a legal error that affected the outcome. Appeals are not retrials; they focus on whether the court correctly applied the law or followed proper procedures. Because appellate courts review the written record and legal arguments...
How Commercial Lease Disputes Start—and How to Win Them in NYC
Commercial lease disputes in New York City typically begin when one party claims the other failed to meet its obligations under the lease. These disputes often involve rent defaults, operating expense charges, repair obligations, lease terminations, or disagreements over use and compliance. Because NYC commercial leases are heavily negotiated and strictly enforced,...
Control the Record and the Costs With Effective Discovery Tactics
In Manhattan commercial litigation, discovery is where control of the case is established and where costs can spiral out of control if strategy is lacking. Effective discovery tactics focus on shaping the record early, limiting unnecessary production, and using proportionality to manage expense. Courts expect disciplined discovery, particularly with respect to...
The Legal Playbook for Fighting Unfair Competition in Manhattan
Unfair competition claims arise when a business uses improper tactics, rather than fair market competition, to gain an advantage over a rival. In Manhattan, these disputes often involve misuse of confidential information, interference with contracts, or efforts to disrupt business relationships. When competitors cross the line, New York law provides multiple...
The High Cost of Deception: Are You Ready for Financial Fraud Litigation?
Financial fraud litigation often begins when inaccurate financial statements, manipulated earnings, or misleading disclosures come to light during year-end reporting and audit cycles. December brings heightened scrutiny as companies finalize annual results, auditors issue opinions, and lenders review financial covenants. When discrepancies arise, claims may arise under fraud, negligent misrepresentation, or...
Climate-Driven Claims in Commercial Real Estate: Flood, Mold, and Rising Insurance Disputes
Extreme weather is driving a surge in commercial property losses, including flooding, mold, water intrusion, business interruption, and structural damage. As claims rise, many property owners face unexpected coverage disputes with insurers over exclusions, deductibles, causation, and the scope of repairs. These conflicts often involve complex policy interpretation and highly technical...
Earn-Out Litigation After an M&A Deal Goes Sideways: Key Strategies for Buyers and Sellers
Earn-outs are often used to bridge valuation gaps in M&A deals, but they also create fertile ground for disputes. When performance metrics fall short or one side believes the other interfered with the result, buyers and sellers may end up litigating how the earn-out should be calculated or enforced. Most conflicts...
Specific Performance vs. Money Damages: Enforcing Commercial Real Estate Contracts in Court
Commercial real estate transactions often involve complex agreements, sizable investments, and high stakes. When one party breaches a contract, the non-breaching party can pursue specific performance or seek monetary damages to resolve the dispute. These two legal remedies represent different approaches to enforcing an agreement, each with its own advantages and...
Emergency TROs in Commercial Disputes: Freezing Assets Before They Vanish
In times of economic uncertainty, businesses often face the risk of asset dissipation during disputes. An Emergency Temporary Restraining Order (TRO) serves as a critical legal tool to prevent such actions, ensuring that assets remain intact pending litigation. An Emergency TRO can freeze assets, such as bank accounts or property, to prevent...
Understanding the Stages of Commercial Litigation in New York City
Despite your best efforts to avoid a lawsuit, you and your Manhattan business are now embroiled in litigation. Although settlement of the suit is always a possibility, the fact is that you should always prepare in case negotiations fall through and a trial is unavoidable. What should you expect from the process...