A fiduciary breach is when a partner, officer, or director uses their position to serve themselves instead of the company — one of the strongest claims a New York business owner has. Once a conflict is shown, the burden shifts to them.
A preliminary injunction stops your opponent before the case is decided — and most applications are denied. New York requires three separate showings by clear and convincing evidence, and a strong case can't save a weak one on irreparable harm.
Your shares still carry your name, but the profit, the paychecks, and the information have quietly stopped. That's a freeze-out, and the warning signs appear long before the lowball buyout offer.
The judgment came in by default and the deadline already feels close. New York lets you vacate it — but only if the motion shows a reasonable excuse and a real defense behind it.
A default judgment was entered against your business while you weren't looking. New York gives you four real defenses — but only if you move within the filing window.
Thousands of shareholder derivative lawsuits get filed in New York each year, and many get dismissed. Not because the misconduct didn't happen — because they chose the wrong type of claim.
The envelope arrived this week. A law firm letterhead, a formal tone, a specific demand. The next 48 hours determine what evidence gets preserved, what becomes an admission, and whether you sue first.
The deadline in your demand letter has passed. No response. No call back. Silence is not the end of the matter — it's the moment contract dispute litigation actually begins.
Your business has stopped moving. Every vote is a tie, every decision is a fight. New York law has a mechanism for this — but it almost certainly doesn't work the way you think.
A breach of contract lawsuit doesn't mean you've lost. New York law gives defendants powerful defenses — from procedural knockouts to arguments that gut the claim entirely.
Yes — but proving one existed is the real challenge. Learn which oral agreements hold up in court, which ones the Statute of Frauds kills, and how to protect your business.
Every breach of contract lawsuit filed in New York rises or falls on four elements. Miss one, and a judge can dismiss your case before you ever reach a courtroom.
A transfer you didn't authorize. Invoices that don't add up. A bank balance that keeps shrinking. When a partner is stealing, your first 30 days matter more than any court date. Here's what to do — and what not to do.
If your business partner is blocking access to company financials, that's not a disagreement — it's a legal violation. New York law gives co-owners the right to inspect records, and courts can enforce it.
When a business owner says 'we're going to sue,' the real question isn't whether a breach occurred — it's what the breach is worth. Direct damages, lost profits, consequential damages, and liability caps all determine what you actually collect.
Six years for most claims. Four for goods under the UCC. Miss the deadline and the courts won't hear your case regardless of how strong your evidence is.
Are non-competes enforceable in NY? The BDO Seidman test, pending statewide ban, and what NYC business owners should do right now.
A demand letter isn't a formality — it's the first move in a legal strategy. Learn what to include, what to leave out, and when to skip the letter and file suit.
Almost never. The Rocanova four-part test, what compensatory damages you can actually recover, and when the rare exception applies.
Mediation, arbitration, and litigation each carry distinct costs, timelines, and risks. Here's how to choose the right path for your NYC contract dispute.
Filing fees, attorney costs, expert witnesses, and discovery expenses — the real cost breakdown for NYC business owners before you sue.
Most business partnerships do not collapse in a single dramatic moment. They deteriorate slowly. One partner starts making decisions without looping the other in. Financial transparency becomes selective.
The contractor said the renovation would take four months and cost $180,000. Eight months later, the project is half-finished, the invoices have already exceeded $250,000, and there's a mechanic's lien filed against your property.
Most business disputes don't begin with an obvious refusal to honor a signed agreement. They begin with something less dramatic. One side says there was a deal. The other says negotiations were still ongoing.
Minority shareholders in closely held corporations face squeeze-outs, frozen dividends, and exclusion from management. New York law provides specific protections.
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Kleyman Law Group represents business owners in contract disputes, partnership breakdowns, and commercial real estate matters across Brooklyn, Queens, Manhattan, and Staten Island.
