Does Everyone Need Representation In Real Estate Litigation?
In New York State, corporations and limited liability companies are required by law to have an attorney, but for the most part, all parties should have an attorney represent them in real estate litigation.
What Is The Process Of Real Estate Litigation In New York?
Real estate litigation is like every other civil lawsuit. It starts out with the plaintiff drafting a summons and complaint and serving it on the defendant, after which the defendant has to put in a formal legal document known as an answer. People who aren’t attorneys might think that an answer could be as simple as showing up in court, but this would not be sufficient. It is necessary to serve and file a formal legal document called an answer. If the defendant makes a motion to dismiss and that motion is successful, then the case will be over. If the motion to dismiss is not successful, then there will be a preliminary conference. The purpose of the preliminary conference is to establish a schedule for the case, which will include timing for “paper discovery” (i.e. the exchange of documents between the two sides).
There may also be oral testimony where the parties and/or witnesses would testify in what’s called deposition or an examination before trial. Once that has been completed, the parties can make another motion to dismiss the case called a motion for summary judgment. If successful, the case would be over, and if unsuccessful, the case would go to trial.
In New York, they were trying to institute alternative dispute resolution (ADR) at the beginning of cases so that as soon as the parties went to court, they would try to assign the case to a mediator with knowledge of the subject area. For instance, I once represented a person who was a partner in ownership of a large building in Manhattan, and the case was assigned to a court-appointed mediator. Part of the mediation was free and part of it had to be paid for by the parties. We worked out a resolution of the case in front of the court-appointed mediator before having to do depositions. If all else fails, a trial will be necessary, which will involve introducing documents, showing evidence, and hearing testimony from witnesses and both parties. Ultimately, a judge or jury will make a determination in favor of one party.
What Are Some Of The Most Common Types Of Business Disputes That Your Firm Handles?
I handle many cases involving the breakup of a business, or the situation involving the exit of an employee from one business who then forms a competing business. Business breakups are like divorce cases in that they often involve hard feelings and a lot of emotions between the parties, and signal the end of a long-term relationship. There may even be requests to get court orders to ban one person from the business.
I’ve handled numerous types of business disputes, many of which involved building owners suing building managers, and partners suing other partners over agreements to buy property. Business disputes often arise due to a lack of written agreement between partners, especially in small businesses. In the absence of a written agreement which lays out the terms of the partnership and obligations of each partner, one must look at the laws to find the rules that apply.
Who Do You Represent In Business Litigation Matters? Do You Work With Both Small And Large Businesses In New York?
I work with both small and large businesses. I’ve represented and currently represent some hedge funds in litigation and real estate investment trusts (REIT). For the most part, I handle cases involving internal disputes between business partners and external disputes between businesses, such as breaches of contracts.
What Are Some Warning Signs Or Significant Indicators That Someone Should Contact A Business Attorney For Potential Litigation Needs?
Receiving a letter from an attorney notifying you of an issue which requires immediate attention would indicate the need to hire an attorney. Another indicator of the need for an attorney would be the discovery of any suspicious or potentially suspicious behavior by a business partner.
For more information on Business Litigation, a free consultation is your next best step. Get the information and legal answers you are seeking by calling (212) 766-9779 today.
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