NEW YORK COMMERCIAL
LITIGATION ATTORNEYS

How We Help Our Clients

The Long Island-based Commercial Litigation attorneys at Barnes & Barnes, P.C. pursue complex business claims in the Commercial Division of the New York State Supreme Court, Federal Court and various arbitration forums. Many of our clients are immersed in complex disputes. Nonetheless, our decades of experience in Commercial Litigation helps us deliver pragmatic strategies to achieve solutions which align with the client’s business objectives. In that regard, we achieve timely and relevant results on a cost-effective, results-oriented matter. We invite you to explore our website and learn why our sage advice and tenacious advocacy constitutes a key client asset.

DISPUTES
BETWEEN
BUSINESSES

BREACH OF
CONTRACT

FRAUD &
FINANCIAL
MISCONDUCT

INTERFERENCE
WITH BUSINESS
RELATIONSHIPS

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Case Studies

What to do When a New York Based Client Gets Sued Out of State

In E3 Innovation Inc., et al. v. DCL Techs. Inc., et al., No. CV-21-01141-PHX-DWL, 2021 WL 5741442 (D. Ariz. Dec. 2, 2021), the United States District Court for the District of Arizona recently dismissed an action for lack of personal jurisdiction against three...

PGA Capital LLC v. Toman – Defendants Do Not Have an Easement in Their Former Waterfront Lot

As seen in the New York Law Journal Upon the efiled documents numbered 37-50; 52-55; and 58, it is ORDERED that plaintiff PGA Capital LLC’s motion for an order pursuant to CPLR §3212 granting summary judgment pursuant to RPAPL 1501(1), canceling and discharging the...

An Alternative to Arbitration via Commercial Division Rule 9

In late 2018, the First Department’s decision in Daesang Corporation v. The NutraSweet Company, 167 A.D.3d 1, 85 N.Y.S.2d 6 (1st Dep’t 2018) refused to vacate a $100 million arbitration award premised upon a purported manifest disregard of law, confirming that: ...

Speed & Efficiency – The New Norm for Commercial Division Cases

With the recent adoption of new Commercial Division Rules, and several others proposed and open for public comment, practicing in the Commercial Division is likely to become more akin to Federal Courts, adding greater speed and efficiency to the litigation process. In...

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Insights

Two Methods to Achieve Sanctions in Federal Court: Rule 11 & 28 USCA § 1927

Nov 10, 2022 | Insights

Courts are notoriously hesitant to award sanctions on counsel, so it is worthwhile to pay close attention when they do. Further, it is important to note that the discretion of the Court can lead to a wide range of results. Two recent cases out of the Western District of New York...

Fodder to Punish Discovery Delays

Nov 3, 2022 | Insights

Many Judges are reluctant to punish delinquent discovery. To many prosecuting attorneys, it can be a frustrating experience – sending out demands, then follow-up letters, arranging for meet-and-confers, and finally, motion practice that ends with the other side getting a further extension...

Less is Not Necessarily More When Submitting a Pre-Motion Letter in Federal Court

Oct 26, 2022 | Insights

It is not uncommon in litigation and, in fact, is sometimes mandated, that prior to filing a motion, counsel will submit a pre-motion letter to the Judge explaining their position, a preview of what’s to come. Some practitioners might be tempted to set forth a broad sketch of their positions...