Can I recover my attorney's fees in a New York commercial lawsuit?

Generally no. New York follows the American Rule: each side bears its own attorney's fees unless a contract or statute provides otherwise. Many commercial contracts contain fee-shifting provisions, which is one of the first things to check.

Will my commercial case be in state or federal court?

Federal jurisdiction requires either a federal claim, such as civil RICO, or diversity of citizenship with more than $75,000 in controversy. The choice of forum can significantly affect the case and is sometimes contested.

Commercial Litigation

Q: How long does a commercial litigation case take in New York?

It depends on the court and complexity. A case that survives a motion to dismiss and proceeds through discovery commonly takes one to three years to reach summary judgment. Most cases resolve before trial.

When a business dispute becomes a lawsuit, the question stops being who is right and starts being who is prepared.

Most commercial disputes are resolved by the parties who see the litigation clearly — what it will cost, how long it will take, what a court is actually likely to do. The firm litigates business disputes in New York state and federal courts, and handles the appeals that follow.

What the firm handles

Business Divorce and Shareholder Oppression

When a closely held company breaks down, the minority owner usually discovers that trust was the only protection they had. New York provides real remedies — judicial dissolution under BCL § 1104-a, fair-value buyout under BCL § 1118, books-and-records proceedings, and fiduciary duty claims.

Joint Venture and Partnership Disputes

Ventures built on a handshake fail on the paperwork. Who owns the inventory, who owes what, and which court decides — these fights turn on the parties' conduct and the documents that do exist.

Fraud and Civil RICO

Fraud claims must be pled with particularity. Civil RICO requires an enterprise and a pattern — not a contract dispute in costume. The firm litigates fraud claims on both sides, including defending clients against RICO allegations in federal court.

Defending a civil RICO claim →

Complex Contract Disputes

Guaranties, purchase agreements, commercial leases, supply and distribution contracts. Disputes where the contract language, the course of dealing, and the damages model all have to be litigated.

Business Torts

Tortious interference, breach of fiduciary duty, unfair competition, misappropriation of business opportunity, conversion of company assets.

Appeals

Appellate practice in the Appellate Division. An appeal is not a second trial — it is an argument about what the record shows and what the law required.

How the firm works a commercial case

The first question is the endgame. Not every dispute should be litigated to judgment, and not every dispute should be settled. The analysis that matters early: what is the realistic range of outcomes, what will it cost to get there, and what leverage exists that the other side has not priced in.

Motion practice is where most commercial cases are decided. A motion to dismiss that knocks out the fraud claim, or a summary judgment motion that narrows the case to one issue, changes the settlement value more than any demand letter.

Discovery is a strategy, not a formality. In business divorce and fraud cases especially, what the documents show usually decides the case. Books-and-records proceedings and pre-action discovery under CPLR 3102(c) can be used to see the evidence before committing to a complaint.

Settlement value follows perceived trial readiness. The other side prices your case on what they think you will actually do.

What to do if you anticipate a dispute

Preserve documents now. Emails, texts, financials, corporate records. Litigation holds apply as soon as litigation is reasonably anticipated, and spoliation is a fight you do not want.
Stop talking to the other side about the merits. Anything you say becomes an exhibit.
Do not sign anything — releases, buyout offers, settlement terms — without advice.
Check the deadlines. Contractual notice provisions and limitations periods run whether or not you know about them.

Frequently asked questions

How long does a commercial case take in New York?

It depends on the court and the complexity. A case that survives a motion to dismiss and proceeds through discovery commonly takes one to three years to reach summary judgment. Cases resolve at every stage along the way — most before trial.

Can I recover my attorney's fees?

In New York, generally no — each side bears its own fees unless a contract or a statute provides otherwise. Many commercial contracts do contain fee-shifting provisions, which is one of the first things worth checking.

Is my case in state court or federal court?

Federal court requires either a federal claim (civil RICO, for example) or diversity of citizenship with more than $75,000 at issue. The choice of forum can matter a great deal, and it is sometimes contested.

What if the other side is out of state?

The firm is admitted in New York and New Jersey and appears in other jurisdictions by pro hac vice admission — a court's case-specific permission for an out-of-state attorney to appear, typically with local counsel where required.

Discuss your commercial dispute

Call (212) 295-5838 ·

Vorontsov Law Firm PLLC · 1599 E. 15th St., Ste. 4, Brooklyn, NY 11230