How Long Does a Commercial Lawsuit Take in New York?

Where the case starts

Most commercial disputes above the small claims threshold are filed in New York State Supreme Court, which despite its name is the state's general trial-level court. Suffolk and Nassau Counties both have a Commercial Division within Supreme Court, a specialized part designed for business disputes that meet certain criteria, often including a minimum monetary threshold. The case begins with a Summons and Complaint, which must be properly served on the defendant, who then generally has a limited window to respond with an Answer or a motion addressing the complaint.

Early motion practice

Before discovery gets underway, a defendant may move to dismiss some or all of the claims — for example, arguing the complaint fails to state a valid claim or that the court lacks jurisdiction. These motions take time to brief, and the court needs time to decide them. A case that survives early motions moves into a preliminary conference, where the court sets a schedule for discovery.

Discovery is usually the longest phase

Discovery — the exchange of documents, written questions, and depositions — is typically where the bulk of the calendar time goes. In New York, discovery in a contested commercial case commonly takes many months, and complex cases with substantial documents or multiple witnesses can extend well beyond a year. The Commercial Division has rules designed to keep discovery on a defined schedule, but disputes over what must be produced, and how much of it there is, routinely extend the timeline.

Motions for summary judgment

After discovery closes, either side may move for summary judgment, arguing that the undisputed facts entitle them to win without a trial. Briefing, argument, and a decision on a summary judgment motion can add several months on their own, and if the motion is denied, the case proceeds toward trial.

Trial, and what comes after

Relatively few commercial cases actually reach trial — most resolve through settlement, mediation, or a dispositive motion before then. For those that do reach trial, getting a firm trial date can itself take time depending on the court's calendar. After a verdict, either side may appeal, which adds further time — often a year or more — before the matter is truly final.

Why timelines vary so widely

A straightforward breach-of-contract case with clear documents and a cooperative opposing side can resolve in well under a year. A case involving disputed facts, several witnesses, expert testimony, or a party that litigates aggressively at every stage can take multiple years. Settlement can happen at any point along this timeline — sometimes before an answer is even filed, sometimes on the eve of trial — which is part of why it is difficult to give a single expected duration without knowing the specific facts of a case.