Are you are an injured business owner that needs to sue or have just been served with a law suit in either New York or New Jersey? You need to hire a commercial litigation attorney, because you have a serious legal issue. We consider it a great privilege and even greater responsibility to take on your case, and we will work hard to win. For over 30 years this firm's partners have appeared before Judges in New York and New Jersey handling a wide range of commercial litigation matters.
Frequently Asked Questions:
Q: Why do I need a Commercial Litigator?
A: All litigators are lawyers, but not every lawyer is a litigator. Moreover not every litigator is a commercial litigation attorney. When you are ready to do battle in the courtroom, or at the negotiating table, you need a lawyer who can win the case and to know when to make the deal – making the right call in the heat of battle is what litigation is about.
Q: In what areas of Commercial Litigation do you practice?
A: In over 34 years we have seen it all, from partners stealing from each other, commercial bribery, buyers merely refusing to pay for goods sold and delivered, common fraud, real estate contract disputes and those involving adverse possession, trademark infringements and violations of any of the vast array of state, local and federal regulations governing businesses.
Q: So how do you know if we are better and more experienced then other lawyers you are talking to?
A: You can go to public access web site owned by the New York State Supreme Court: (click here) do an attorney search for “Novak Juhase” and you will see we have hundreds of cases. You can check out the other lawyers you are also considering too at that site. This site is only for New York Supreme Court cases; we also appear in federal cases in New York State and federal cases in New Jersey.
A: Both Kim Juhase and Alexander Novak have lectured other lawyers about real estate litigation. (See the video of their lecture before the National Academy for Continued Legal Education. )
Q: What Can I do to Lessen Partnership Disputes in the First Place?
A: Simple as it may sound, the best way to avoid problems with your partners in business is to spend money on a good corporate lawyer before you start the business or before you make the investment. Too often friends or family members just trust that the other side will do the right thing. Failing to take time and hire a corporate lawyer will cost you so much more when a dispute arises.
Q: What should I do when the situation is going south?
A: Just like divorce lawyers tell their clients; get control of the money before your partner absconds with it. Get access to the bank records. Gather up copies of any operating or shareholder agreements. You can make recordings of telephone conversations if that will help. Figure out how to get emails. However, do not destroy your incriminating emails because they can always be retrieved and you will look bad.
Q: Who does the Company lawyer represent?
A: You will be surprised that the company's lawyer may not be your lawyer. She may just be looking out for the Company's interest. If you are making a substantial investment, hire your own lawyer to review the documents.
Q: Arbitration or Litigation: What is best for me?
A: This is a hard question with no simple answer. It depends on the dispute and how much is at stake. We personally dislike arbitration because there is no right to appeal. Of late though we have found non-binding mediation to be successful.
Q: A person owes me money and wants to pay it over time. What can I do to protect myself?
A: He should sign a promissory note which should be secured by the filing of a UCC-1 against his personal property, and if possible, try to have him give you a mortgage on his real property.
Q: I have a judgment against the defendant, what should I do?
A: A judgment is not self executing. Once you find assets of the defendant, you have to send an execution to a N.Y.C. Marshall or a County Sheriff to grab the money.