What Court Handles Breach of Contract and How Do I File in New York?

In New York, a breach of contract occurs when one party fails to fulfill their obligations under a legally binding agreement. In order to prove a breach of contract, you need to establish the following legal elements:

• Existence of a Valid Contract: There must be a valid and enforceable contract between all of the parties
• Performance by the Plaintiff: The party bringing the lawsuit (i.e., the plaintiff) must have performed their duties under the contract, or have a legally recognized reason for not performing
• Breach by the Defendant: The party being sued (i.e., the defendant) must have failed to perform their contractual duties, and the breach must have been material
• Damages: The plaintiff must demonstrate that they have suffered damages or losses as a result of the breach

When it comes to determining where you can file a breach of contract lawsuit, that ultimately depends on the amount of money involved and the circumstances of the case. As far as which court handles breach of contract lawsuit, they may be filed in any of the following courts:

• New York City Civil Court: This court handles civil cases involving disputes of $25,000 or less, is a great option for smaller claims, and provides a relatively quick and cost-effective way to resolve disputes
  • As far as locations, there are multiple Civil Court locations throughout New York City, one in each borough, and you’ll need to file your case in the borough where the defendant lives or does business, or where the dispute arose
• New York State Supreme Court: The Supreme Court handles civil cases involving disputes of more than $25,000, and is the court you would go to for larger or more complex claims
  • When it comes to locations, there is a Supreme Court in each county in New York State
  • Similar to Civil Court, you’ll need to file your case in the county where the defendant lives, does business, or where the dispute arose
• Federal Court: In certain circumstances, you may be able to file your breach of contract lawsuit in Federal Court, if that court has jurisdiction over the case
  • Federal jurisdiction might be available if the case involves parties from different states (diversity jurisdiction) and the amount in controversy exceeds $75,000, or if a federal question is involved
  • Federal courts are located throughout New York, and the specific court you file in will depend on the federal district where the case is being heard
• Small Claims Court: If your dispute involves $10,000 or less, you are allowed to file the lawsuit in Small Claims Court, which is a division of the Civil Court that hears smaller claims and simpler cases

As can be seen, determining where to file your breach of contract lawsuit is not as upfront as you may think. A local New York attorney will be able to help you determine the proper place to file your lawsuit.

How to Sue for Breach of Contract

Once you have figured out if you had a valid contract that was breached, and where to file your breach of contract lawsuit, you can then proceed in your lawsuit. The following is a general outline of your next steps after determining there was a breach and determining the proper court to hear your claim:

• Prepare and File the Complaint: You will first need to prepare a complaint that outlines the facts of the case, the contract terms, the breach, and the damages you are seeking
• File the Complaint: Next, you need to file the complaint with the appropriate court, making sure to pay any filing fees
• Serve the Defendant: After filing the complaint, you must then serve the defendant with a copy of the complaint and a summons, notifying them of the lawsuit
  • This can be done through a process server or by other legally accepted methods
• Defendant’s Response: The defendant then has a specified period (usually 20-30 days) in order to respond to your complaint
  • They may do so by filing an answer, counterclaims, or a motion to dismiss your claim
• Engage in Discovery: Both parties will then exchange information and evidence relevant to the case, which can include written interrogatories, document requests, and depositions
• Pre-Trial Motions: Either party may then file pre-trial motions, such as motions for summary judgment
  • It is important to continue to explore settlement options, as many cases settle before reaching trial
• Trial: If the case does not settle, it will then proceed to trial, where both parties will present their evidence and arguments, and the judge or jury will then render a decision on the breach action
• Enforce the Judgment: If you win the case, the court will issue a judgment in your favor, and you may need to take additional steps to enforce the judgment and collect the awarded damages

It is important to note that if you win your breach of contract lawsuit, you may be able to recover your attorney’s fees as part of the judgment. However, this will depend on the contract terms and New York laws.

Generally speaking, in New York, each party is responsible for their own attorney’s fees unless the contract specifically states otherwise. New York courts typically uphold provisions within contracts that allow the prevailing party to recover these fees, provided they are clearly articulated.

How Long Do I Have to Sue for Breach of Contract?

In New York, the timeframe for filing a breach of contract lawsuit will vary based on the contract type. This time limit for filing your lawsuit is known as the statute of limitations. If you fail to bring your claim within the appropriate statute of limitations, you may be barred from later bringing your claim.

For written contracts, you have six years from the date of the breach to file a lawsuit, as per New York Civil Practice Law and Rules (“CPLR”) Section 213(2). For oral contracts, you have six years from the date of the breach to file a lawsuit, according to New York CPLR Section 213(2).

It is important to also note that the statute of limitations generally begins on the date the breach occurred or when you discovered it. However, there are certain circumstances that may toll (i.e., pause) the statute of limitations, such as the defendant being out of state or instances of fraud.

Other situations where the statute of limitations might be tolled in New York include:

• Minor or Incapacitated Plaintiff: If the person entitled to sue is a minor or legally incapacitated, the statute of limitations may be tolled until they reach the age of majority or regain capacity
• Bankruptcy: If the defendant has filed for bankruptcy, the automatic stay may toll the statute of limitations until the bankruptcy proceedings are concluded
• Continuous Breach: In some cases, if the breach is ongoing, the statute of limitations may not start until the breach has ceased
• Defendant’s Concealment: If the defendant fraudulently conceals the breach, the statute of limitations may be tolled until the plaintiff discovers or should have discovered the breach

Should I Get a Lawyer if I Want to File a Breach of Contract Lawsuit?

If you’re dealing with a breach of contract issue in New York, it’s recommended to consult an attorney right away. LegalMatch can help you find and arrange a consultation with a qualified New York breach of contract lawyer.

A breach of contract lawyer can assist you in understanding New York’s specific contract laws and the types of damages available in such cases. They will be able to review your contract to ensure its validity and enforceability.

Additionally, a lawyer can also initiate a breach of contract action on your behalf. As noted above, if your contract includes a provision for attorney’s fees, you may also be entitled to recover your case costs. Your lawyer will be sure to include a claim for attorney’s fees. Finally, they can represent you in court, as needed.