New York Attorney Representing Entities in Business Disputes
There are numerous types of disputes that can arise in a business context, ranging from breach of contract to trademark infringement. When a conflict arises in the commercial world, it can have drastic consequences and may impair a business' assets and future profitability. If you need to take legal action to protect your business interests, it is critical to retain an attorney who is skilled in litigating commercial disputes in the New York courts. Attorney Michael Jagiani at Jagiani Law Office, PLLC is a proficient New York commercial litigation lawyer. He will work diligently on your behalf to assist you in seeking a solution that meets your needs.
Common Commercial Litigation Causes of Action
Not all lawsuits involving a business will fall under the umbrella of commercial litigation. For example, if a person is injured in a car accident caused by a company's driver, any lawsuit arising out of the accident would be a personal injury case, rather than commercial litigation. In contrast, commercial litigation encompasses disputes related to a company's execution of goals and strategies. Issues that may result in commercial litigation include a breach of a contract between businesses, partnership disputes, and tortious interference with a contract. Commercial disputes are often complex and require extensive discovery to gather the facts and evidence needed to establish a party's position.
The evidence needed to prove damages in a commercial dispute depends upon the specific claims alleged. The majority of commercial litigation cases in New York arise out of breaches of contracts, however. In New York breach of contract cases, to recover damages, the injured party must prove that both parties knowingly and willingly entered into a contract, and the contract contained essential terms. The party seeking damages must then show that the other party to the contract materially breached the contract, resulting in losses. Damages can include lost profits, the cost of obtaining another party to complete the obligations under the contract, or the loss of a business asset or venture. A skilled commercial litigation attorney in New York can assist you in pursuing the full extent of the damages that you may be able to recover.
While most businesses use contracts, some industries rely on contracts more heavily than others. For example, construction projects typically involve multiple contracts, and issues often arise as to how the terms of a contract should be interpreted. For instance, disagreements may arise over whether work falls within the scope of a contract, or whether delay damages should be imposed for a failure to complete a project in a timely manner. Issues can also arise due to defects caused by faulty construction or a failure to obtain the permits or documents needed to complete a project. In some cases, one party may completely default on its obligations under a contract, drastically harming the other parties working on the project. If you are involved in a construction dispute, it is essential to retain a New York commercial litigation attorney who is familiar with how this industry works.
Commercial Landlord-Tenant Disputes
There are seemingly countless commercial properties in New York, and commercial landlords rent many of these properties to commercial tenants. While a carefully drafted lease can avoid many landlord-tenant disputes, leases are not always comprehensive, and issues can arise in determining how specific provisions should be interpreted or which party is obligated to perform certain tasks under a lease. Additionally, in some cases, a landlord or tenant may simply ignore their obligations under the lease, resulting in a breach. Common examples of a breach of a landlord-tenant agreement that may require legal action include a failure to pay rent, a failure to maintain a property in a habitable condition, and a retaliatory eviction.
Consult a Skilled Commercial Litigation Attorney
Commercial disputes can arise under a variety of circumstances, and if they are not resolved in a timely and appropriate manner, they can have a detrimental effect on a business' financial health. Choosing a resourceful commercial litigation lawyer in New York is vital to increasing your chances of a favorable outcome. Michael Jagiani at Jagiani Law Office, PLLC has years of experience litigating cases on behalf of individuals and businesses in state and federal courts. Jagiani Law Office is located in downtown Manhattan and serves Manhattan, the Bronx, Brooklyn, Queens, and Nassau, Suffolk, and Westchester Counties. You can reach us at 212.907.1410 or through the online form to schedule a confidential consultation to discuss your case.