Picking the court
In New York, smaller contract claims may fit in small claims or commercial claims parts with simplified procedures, while larger matters go to State Supreme Court, which has a Commercial Division for qualifying business disputes. Federal court is an option when the parties are from different states and the amount in dispute is large enough. A forum selection or arbitration clause in the contract may override those choices. The limitations period for contract claims in New York is longer than for many injury claims but is not unlimited, and some contracts shorten it. The court you choose affects the speed, the cost, and the procedural rules that will govern every later step.
From complaint to discovery
A breach of contract lawsuit begins with a complaint that identifies the agreement, the terms that were broken, and the losses claimed. The defendant may answer, raise defenses and counterclaims, or move to dismiss, often arguing that the contract's plain terms defeat the claim. Cases that survive that stage move into discovery, where each side exchanges documents and takes depositions, and in business disputes the email record often becomes the main evidence. Many cases are narrowed or resolved on summary judgment once the record is complete. Mediation is common along the way, and the Commercial Division refers many cases to it.
If you are the one being sued
The deadline to respond to a summons is short and depends on how you were served, so the papers should go to a lawyer promptly. Ignoring them can lead to a default judgment, followed by bank restraints or other enforcement. An answer that leaves out certain defenses can waive them, so the response deserves care. Your own claims against the plaintiff, such as unpaid amounts or its earlier breach, can often be raised in the same case, and in federal court some must be. We review the complaint against the contract, identify defenses and counterclaims, and outline what the case will likely cost at each stage so you can decide how to approach it.
