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

Picture of Chris Battis By   ·  1 minute read

If you want to file a lawsuit against a company in New York for breach of contract, you must follow certain procedures. Here is the process for filing a lawsuit against a company in New York for breach of contract:

  1. Review the contract: First, you must review the contract that you claim the company breached. Make sure you understand the terms of the contract, the obligations of each party, and how the company breached the contract.
  2. Send a demand letter: Before filing a lawsuit, you should send a demand letter to the company requesting that they fulfill their obligations under the contract or pay damages for the breach. This letter should state the specifics of the breach and the resulting damages.
  3. File a complaint: If the company fails to respond to your demand letter or refuses to comply with the contract, you may file a complaint in the appropriate court. The complaint should detail the breach of contract, the damages suffered, and the relief requested.
  4. Serve the complaint: Once you have filed the complaint, you must serve it on the company according to New York law. This can generally be done by a process server, certified mail, or personal service.
  5. Respond to the company's answer: If the company responds to the complaint, you may need to respond to their answer. This could involve filing additional documents or attending a hearing.
  6. Attend trial or mediation: If the case proceeds to trial, you and the company will present evidence and arguments to the court. Alternatively, you may choose to attend mediation to try to resolve the matter before trial.
  7. Collect damages: If successful, the court will award damages for the breach of contract, which can include compensatory and punitive damages. However, collecting damages can sometimes be difficult, so it is important to work with an attorney to ensure that you are taking appropriate steps to collect the damages awarded.

It is important to note that there may be limitations or exceptions to these steps depending on the specific circumstances of your case. Additionally, it is recommended that you consult with an attorney to ensure that you are following proper procedures and to obtain guidance and representation throughout the legal process.