The stages of a property case
Most real estate cases of any size in New York are filed in state Supreme Court, which despite its name is the main trial court. The case starts with a summons and complaint, the defendant answers or moves to dismiss, and the court then holds a preliminary conference to set a schedule. Discovery follows, with document exchanges and depositions, and only after that does a case get ready for trial. Larger commercial disputes may be assigned to the court's Commercial Division, which has its own rules. Along the way, motions can narrow the case or dispose of parts of it, and many cases settle somewhere between those stages.
What the lawsuit will ask of you
Filing commits you to disclosure as well as proof. You will usually need to produce your own documents, including emails and texts about the deal, and you may be questioned under oath. That is why it makes sense to collect the contract, the closing file, title documents, financial records, and correspondence before filing, and to keep all of it intact from now on. A claimant who wants the property itself rather than money may be able to file a notice of pendency, but that tool is limited to claims affecting title or possession. Expect a contested real estate lawsuit to take a considerable time, depending on the court and the motions filed.
Costs and choices before filing
American courts generally leave each side to pay its own lawyers unless a contract or statute shifts fees, and many real estate contracts and leases contain such a clause. Read it before filing, because it can cut in both directions. Limitations periods also vary by claim, and some run out sooner than people expect. In our first discussion we test the claim against the documents, consider whether a demand, mediation, or arbitration should come first, and estimate what the litigation would require in time and expense. The decision to file is yours, and we work to make sure it is made with the full picture in view.
