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Practice Area

Business Dispute on Long Island? Move Decisively.

Commercial disputes don't resolve themselves — they compound. A breach of contract, a partnership falling apart, a fraud you just discovered, or a customer refusing to pay: every week of delay narrows your options and erodes your leverage. As a Long Island commercial litigation attorney, I move quickly on TROs, injunctions, mechanic's liens, and Commercial Division cases in Nassau and Suffolk Supreme Court — with the same eye toward early resolution that protects your business from a multi-year fight.

Cases I Handle in Commercial Litigation

Breach of contract actions
Business torts — fraud, conversion, tortious interference
UCC Article 2 sale-of-goods disputes
Partnership and shareholder disputes
Injunctive relief and TRO practice
Mechanic's liens and construction disputes
Collections and confessions of judgment
Pre-litigation demand and resolution

Are You Dealing With Any of These Situations?

A customer or vendor has breached a significant contract
A partner or shareholder is acting against the company's interests
You've discovered fraud or self-dealing in your business
You need a TRO or preliminary injunction to stop ongoing harm
A contractor or subcontractor needs to file (or defend) a mechanic's lien

Relevant New York Laws

CPLR §213(2) and UCC §2-725 — The 6-year statute of limitations for written contract claims and the 4-year limitations period for sale-of-goods claims under UCC Article 2. Missing either deadline is an absolute bar; calendaring at the first sign of dispute is essential.

CPLR Article 63 — Governs preliminary injunctions and temporary restraining orders. Requires likelihood of success on the merits, irreparable harm, and a balance of equities; TROs are available ex parte when notice would defeat the relief.

NY Lien Law Article 2 — Governs mechanic's liens for contractors, subcontractors, and materialmen who improve real property in New York. Sets the 8-month filing deadline (4 months for single-family residences) and 1-year foreclosure deadline.

22 NYCRR Part 202.70 (Commercial Division Rules) — The specialized rules governing the Nassau and Suffolk Commercial Divisions of Supreme Court. Monetary and subject-matter thresholds direct complex business cases to dedicated judges, producing faster and more predictable resolutions.

Frequently Asked Questions About Commercial Litigation

Six years from the date of breach under CPLR §213(2) for most written contracts. UCC Article 2 sales-of-goods claims are 4 years under UCC §2-725. Account stated and fraud have their own periods. Missing the deadline is an absolute defense, so deadlines must be calendared the moment a dispute surfaces.

From filing to judgment, expect 18 to 36 months in Nassau or Suffolk Supreme Court — longer in the Commercial Division on complex matters. Discovery alone often takes 9 to 12 months. Most cases resolve at mediation or summary judgment rather than trial; Tom prepares every case as if it will be tried.

Under CPLR Article 63, injunctive relief requires (1) likelihood of success on the merits, (2) irreparable harm absent the injunction, and (3) a balance of equities in your favor. TROs are available ex parte when notice would defeat the purpose; preliminary injunctions require an undertaking (bond).

Under Lien Law Article 2, a contractor, subcontractor, or materialman who improves real property in NY can file a Notice of Lien against the property within 8 months of last furnishing labor or materials (4 months for single-family residences). The lien must then be foreclosed within 1 year unless extended.

The Commercial Division of Supreme Court hears complex business cases meeting monetary thresholds — generally $200,000 in Nassau and $100,000 in Suffolk — and falling within enumerated commercial categories (UCC, securities, business torts, shareholder disputes, etc.). Specialized rules and dedicated judges produce faster, more predictable results.

Only if the contract contains a fee-shifting clause, a statute authorizes fees, or sanctions apply under 22 NYCRR §130-1.1 for frivolous conduct. NY follows the 'American Rule' — each side bears its own fees absent a contractual or statutory exception.

Business torts are non-contract civil wrongs between commercial parties. Fraud requires a material misrepresentation, scienter, and reliance damages. Tortious interference requires a valid contract or prospective relationship, the defendant's knowledge, intentional procurement of breach, and damages. Conversion is the wrongful exercise of dominion over another's property.

A well-drafted demand letter resolves a significant share of commercial disputes without litigation — particularly when paired with a deadline, a precise damages calculation, and a credible threat of filing. Tom uses pre-suit demands strategically when the leverage exists, and files immediately when delay favors the other side.

Ready to Discuss Your Case?

When you contact this office, you speak directly with Thomas A. Sirianni, Esq. — not a paralegal, not an intake service. Every conversation is confidential.

Call (516) 314-1343

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