Rha Kim Grossman & McIlwain, LLP
Attorneys at Law
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Civil Litigation

If you receive a civil summons, it means you are being sued.  Lawsuits can range from breach of contract to fraud, from personal injuries, to employment law matters.  There are hundreds of different types of cases broadly described as “civil litigation.”

If you have been injured, cheated out of money, improperly fired, not paid on a contract, or had your rights violated, you may be entitled to sue.  Civil litigation takes many forms, and knowing the legal “theory” under which to sue is an important first step in getting relief.

Some disputes can be arbitrated or submitted to mediation.  The choice to pursue arbitration can be made by the parties voluntarily, or can be provided for in a contract between them.  Arbitration has definite advantages and risks.  It is a low-cost alternative to litigation, as the legal fees to conduct arbitration are generally a fraction of the costs of trial.  The decision is rendered very quickly, often just a few months after the arbitration is requested. 

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Civil Litigation

Civil litigation encompasses legal disputes between individuals, businesses, or organizations seeking monetary compensation, declaratory relief, or specific performance rather than criminal sanctions. When disagreements cannot be resolved through informal negotiations, the court system provides the formal mechanism to enforce rights, recover losses, or defend against unwarranted claims. Civil disputes can arise from broken contracts, property conflicts, partner disagreements, or business torts. Navigating these matters successfully requires an intricate understanding of New York civil procedure, aggressive courtroom advocacy, and strategic foresight. 

  • Contracts form the bedrock of both everyday commerce and complex business arrangements. When one party fails to uphold its contractual obligations, the resulting disruption can jeopardize operations, compromise cash flow, or threaten an enterprise’s financial solvency. 

    Contractual disputes routinely involve unpaid invoices, supply chain failures, non-performance, breach of commercial leases, partnership dissolution, and contested contract interpretations. Successfully resolving these claims requires an exhaustive analysis of the executed agreements, the parties' course of conduct, and applicable statutory and common law. 

    Our firm represents both plaintiffs and defendants in commercial and contractual disputes. We evaluate the enforceability of covenants, quantify financial exposure or provable damages, and establish litigation leverage from the outset. Whether through decisive pre-suit demand letters, targeted motion practice, or full-scale trials in state or federal court, we work to protect your financial interests and hold non-performing parties accountable. 

  • Not all civil claims stem from written contracts. When a business or individual suffers economic harm due to wrongful, deceptive, or improper actions by a competitor, business partner, or outside entity, civil tort laws provide remedies to recover financial losses. 

    Our litigators handle a wide spectrum of complex business torts, including: 

    • Breach of Fiduciary Duty: Holding corporate officers, directors, trustees, and business partners accountable when they breach their legal duties of loyalty, care, or good faith. 

    • Fraud and Deceitful Misrepresentation: Pursuing or defending against claims involving intentional misstatements, inducement, concealment, or fraudulent business practices. 

    • Tortious Interference: Taking action when an outside third party improperly disrupts an active contract or prospective business relationship. 

    • Defamation and Reputational Harm: Safeguarding personal and corporate standing against false, malicious statements, including libel and slander. 

    • Unfair Competition and Trade Secret Misappropriation: Defending proprietary business information and intellectual assets against bad-faith competitive conduct. 

    Litigating economic torts demands swift factual development, immediate gathering of documentary and digital evidence, and an understanding of how to establish and quantify financial damages. We represent plaintiffs seeking full restitution for their losses, as well as defendants facing meritless or predatory lawsuits. 

  • Real estate is often the single most valuable asset held by an individual or commercial enterprise. Disputes involving real property frequently carry substantial financial implications and require urgent, decisive legal action. 

    We handle a broad range of property-related disputes, including: 

    • Commercial landlord-tenant conflicts and lease enforcement. 

    • Boundary, easement, and right-of-way disputes. 

    • Breach of commercial and residential purchase and sale agreements. 

    • Partition actions among co-owners or family members. 

    • Actions to quiet title and resolve contested property interests. 

    Because property disputes carry the immediate risk of ongoing operational paralysis or clouding title to prime real estate, having seasoned counsel to pursue preliminary injunctions, notices of pendency (lis pendens), or defensive motions is critical. Our attorneys navigate the complexities of New York real property law to resolve conflicts and preserve the integrity and value of your holdings. 

  • Civil litigation involves multiple structured stages, beginning long before the parties ever appear before a judge or jury: 

    1. Pre-Suit Evaluation and Negotiation: We examine the strengths, vulnerabilities, and economic feasibility of your case, formulating an aggressive, cost-conscious strategy designed to resolve the matter through demands or direct negotiations whenever practical. 

    2. Pleadings and Strategic Motion Practice: If formal court intervention is necessary, we prepare comprehensive complaints or assertive answers. We regularly utilize pre-answer motions to dismiss and motions for summary judgment to eliminate deficient claims early and narrow the issues before the court. 

    3. Discovery, Depositions, and Subpoenas: During the discovery phase, we gather essential documents, issue targeted written interrogatories, depose key witnesses and adverse parties under oath, and utilize third-party subpoenas to build an airtight evidentiary record. 

    4. Alternative Dispute Resolution (ADR): When appropriate, we represent clients in structured mediation and binding arbitration to secure confidential, expedited, and favorable results without trial overhead. 

    5. Trial, Verdict, and Appeals: If a dispute proceeds to court, our trial attorneys handle bench and jury trials with seasoned command. We present clear, persuasive, evidence-driven arguments to secure a favorable verdict and defend or challenge judgments on appeal. 

Dedicated Advocacy in Civil Court 

Civil litigation can be demanding, lengthy, and disruptive. Our firm emphasizes transparent communication, pragmatic case management, and aggressive advocacy tailored to your ultimate objectives—whether that means resolving a dispute at the negotiation table or fighting to a final verdict in court.