Commercial litigation involves disputes between companies or between a company and its partners, contractors, or former managers. These cases may concern breach of contract, business fraud, shareholder disputes, judgment enforcement, and mechanics’ liens. Some of them can be resolved through pre-litigation negotiations.
Polish-American business in New York and New Jersey largely consists of small family businesses and partnerships formed with acquaintances, often based on verbal agreements and mutual trust. As long as business is good, nobody thinks about court, but when money needs to be divided or invoices go unpaid, former partners suddenly find themselves on opposite sides of the courtroom.
When Trust Is No Longer Enough
The scenarios are well known: a business partner secretly running a competing business, an investor refusing to pay for completed remodeling work, an importer whose distributor stopped following the contract. In Greenpoint, Maspeth, or among Polish construction companies in New Jersey, such stories are shared over coffee, usually with the remark that “a contract should have been put in writing.”
American law provides specific tools in such situations, but it also requires a well-thought-out response. Commercial disputes rarely resolve themselves, and over time a debtor may dispose of assets, documents can disappear, and witnesses might forget details. For a small business, such a dispute means not only financial costs but also the owner’s time and stress for the whole family.
Many business owners delay action for a long time, hoping for an amicable settlement or fearing the costs and time of a lawsuit. This is understandable, especially when the other party is a former friend or family member. The problem is that a lack of reaction is often interpreted by the other side as permission, and the injured company’s negotiating position weakens month by month.
What Types of Cases Fall Under Commercial Litigation
The law firm Robert Wisniewski P.C. lists the types of disputes it handles on its website. These include business and contractual disputes, breach of fiduciary duty and the duty of loyalty, business fraud and civil RICO claims, partner and shareholder disputes, and tortious interference with contracts and business relations.
The list also includes defamation, disputes between American importers and distributors, enforcement of judgments against individuals and companies, mechanics’ liens, and bankruptcy disputes on behalf of creditors and those who have obtained a favorable judgment.
The firm notes that it can handle such matters both through pre-litigation negotiations and in court. Among representative cases, it cites Brassco v. Klipo (S.D.N.Y. 2006) – a dispute involving a bearing importer and its former president concerning fraud, breach of contract, and breach of the duty of loyalty, among other claims. The full scope of services is described on the law firm’s page on commercial litigation.
What This Means for Polish Entrepreneurs
For small business owners, the most important thing is often simply realizing that the problem has a legal name. A partner who uses the company for their own interests may be violating the duty of loyalty. A contractor whose investor failed to pay for remodeling can, in certain situations, resort to a mechanics’ lien. Winning a judgment is only half the battle, because the money still needs to be collected.
In short, in a commercial dispute, time and documents matter: contracts, invoices, email correspondence, bank statements. The sooner an attorney reviews the case, the more options you have—including those that allow you to avoid a lawsuit.
Free Consultation in Polish
Robert Wisniewski has been handling cases in state and federal courts, arbitration tribunals, and government agencies for over 30 years. The firm has an office in Lower Manhattan, in the Financial District.
The initial consultation is free, and the conversation can take place in Polish, directly with the attorney. Robert Wisniewski P.C. law firm, phone: 212-267-2102.
This article is for informational purposes only and does not constitute legal advice; reading it does not create an attorney-client relationship. This material is attorney advertising. Prior results do not guarantee a similar outcome.
