Commercial Litigation Focused on the Business Objective
Neil L. Postrygacz represents businesses, executives, entrepreneurs, and investors in sophisticated commercial disputes in New York state and federal courts, as well as in arbitration and mediation. Clients work directly with Neil from the initial assessment of a dispute through negotiation, motion practice, discovery, hearings, and trial.
Commercial disputes rarely fit neatly into one category. A disagreement that begins as a contract claim may also involve allegations of fraud, breach of fiduciary duty, misuse of confidential information, ownership rights, interference with business relationships, or a request for emergency relief. The litigation strategy should account for the complete business problem, not only the pleadings.
Identify the legal and factual pressure points early, preserve leverage, control avoidable cost, and pursue the result that best protects the client's business interests.
Types of Commercial Disputes
The firm's commercial litigation work includes disputes involving:
State Court, Federal Court, Arbitration, and Mediation
The proper forum can materially affect a commercial case. Jurisdiction, venue, contractual forum selection provisions, arbitration clauses, procedural rules, and available provisional remedies all matter at the outset.
Neil handles matters in New York state and federal courts and in arbitral proceedings. He also uses mediation and direct negotiation where those routes can advance the client's objective. The approach is not litigation for its own sake. It is to choose and execute the process most likely to produce a commercially sensible result.
New York Commercial Division
When applicable, complex New York business disputes may proceed in the Commercial Division of the New York State Supreme Court. Commercial Division practice involves specialized rules and procedures designed for substantial business cases, making early attention to forum, case management, disclosure, and motion strategy particularly important.
Strategy Before the Complaint Is Filed
Many of the most important litigation decisions occur before filing. Early assessment can shape the available remedies, the evidentiary record and the opposing party's incentives.
- Evaluate claims, defenses, and contractual remedies.
- Identify critical documents, communications, and witnesses.
- Assess jurisdiction, venue, arbitration provisions, and governing law.
- Determine whether emergency injunctive relief may be necessary.
- Analyze damages, business interruption, and practical settlement ranges.
- Preserve electronically stored information and other evidence.
- Plan discovery around the issues most likely to change leverage or outcome.
Technology and Emerging Business Disputes
Commercial litigation increasingly involves technology that does not fit traditional business categories. Neil has represented clients in disputes involving digital assets, telecommunications, trade secrets, confidential technology, platforms, and emerging business models.
Representative matters have included federal litigation concerning Ethereum and digital assets; telecommunications technology and trade secrets; and an appellate dispute involving international telecommunications billing and allegedly fraudulent call traffic.
See representative technology matters →
International Litigation and U.S. Discovery
When a commercial dispute crosses national borders, U.S. discovery may become important even if the underlying case is proceeding elsewhere. Neil has represented a petitioner in federal proceedings under 28 U.S.C. § 1782 seeking documents and testimony for use in foreign litigation.
Read the guide to 28 U.S.C. § 1782 discovery →
Selected Commercial Litigation Experience
Fit Body Nation Commercial Lockout
Obtained an order restoring Fit Body Nation to possession after a contested New York commercial lockout trial. The opposing side challenged the client's credibility, and the trial record was developed through focused witness examination and documentary evidence.
Read case result →McDermott v. Chapski
Obtained a unanimous First Department reversal vacating a default judgment and restoring the clients' ability to defend the action on the merits.
View published decision →Zigler v. Featherstone Foods, Inc.
Obtained dismissal of tortious interference claims arising from an asserted right of first refusal in connection with a corporate acquisition.
View federal decision →Cupcake & Boomboom, LLC v. Aslani
Defeated a motion to dismiss and sanctions application in a closely held business dispute involving ownership, management control, and fiduciary claims.
View published decision →Kasen v. Mission Cantina, LLC
Successfully opposed expedited summary judgment in a dispute involving a promissory note and authority under an LLC operating agreement.
View published decision →Frequently Asked Questions
When should a business bring litigation counsel into a dispute?
Usually before positions harden or evidence is lost. Early involvement can help preserve documents, evaluate contractual notice requirements, identify emergency remedies and shape communications so that business negotiations and litigation strategy work together rather than against each other.
Does every commercial dispute need to be litigated through trial?
No. Many disputes resolve through negotiation, mediation, motion practice or a negotiated business solution. The appropriate route depends on the claims, evidence, economics, timing and the client's objectives.
Can the firm handle disputes that involve technology or international parties?
Yes. The firm's representative matters include disputes involving digital assets, telecommunications, trade secrets, and international discovery for use in foreign litigation.