What is the process for filing a lawsuit against a business partner for breach of contract in New York?

As a lawyer, I can provide legal advice on the process for filing a lawsuit against a business partner for breach of contract in New York. In order to file a lawsuit, there are certain steps you need to take:

1. Review the Contract: The first step is to review the contract with the business partner that has been breached. It is important to have a clear understanding of the terms of the contract and how they have been breached.
2. Attempt Resolution: Before filing a lawsuit, you should attempt to resolve the breach of contract dispute with the business partner. This can be done through negotiation or mediation.
3. Send a Demand Letter: If the breach of contract cannot be resolved informally, the next step is to send a demand letter to the business partner. The demand letter should clearly state the breach of contract and the requested remedy.
4. File a Lawsuit: If the business partner does not respond to the demand letter or refuses to reach a settlement, you can file a lawsuit in the appropriate New York court. The type of court will depend on the amount of damages involved in the breach of contract. For claims under $25,000, the claim may be filed in small claims court. For claims above $25,000, the claim must be filed in civil court.
5. Serve the Defendant: After filing the lawsuit, you will need to serve the defendant with a copy of the complaint and a summons to appear in court.
6. Discovery: After the defendant is served, both parties will undergo discovery, which is the process of gathering evidence and information about the case.
7. Trial: If the case goes to trial, the plaintiff will present evidence of the breach of contract and the damages suffered as a result.
8. Judgment: If the plaintiff is successful, the judge will issue a judgment for the damages awarded.

It is important to note that there may be limitations or exceptions to this process, depending on the specific circumstances of the case. Additionally, it is always advisable to consult with a licensed attorney for specific legal advice related to your individual case.

If you need further action or assistance, it is recommended to consult with a licensed attorney to guide you through the complicated legal process. They would provide you accurate information about the applicable laws and procedures, the potential outcome of your case and provide you with sound legal advice specifically tailored towards your circumstances.