Being a Defendant in a Civil Lawsuit in New York

Understanding What It Means to Be Sued

Receiving a summons and complaint can be intimidating. Many people assume that if they are sued, they must automatically be at fault or liable. This is not the case. In both New York State and federal courts, a lawsuit is only an allegation — not a finding of wrongdoing.

According to the New York State Unified Court System, a civil action begins when a plaintiff files and serves a complaint. But the burden of proof rests entirely on the plaintiff. As the defendant, you are entitled to challenge every claim, every fact, and every piece of evidence presented.

The Role of a Civil Defense Lawyer

The purpose of hiring a civil defense attorney is not to accept allegations at face value, but to pick apart the plaintiff’s case. In every defense matter, our firm focuses on:

• Ensuring the plaintiff can prove each required element of their claim.
• Identifying procedural defects, missed deadlines, or improper service.
• Challenging the sufficiency and credibility of evidence.
• Raising affirmative defenses (such as statute of limitations, lack of standing, or contractual defenses).
• Considering whether a counterclaim is appropriate.

In some cases, we are able to turn the tables — transforming the defendant into the plaintiff by filing counterclaims for damages or injunctive relief. As we like to say, sometimes we can turn the hunted into the hunter.

Where Defense Cases Are Heard: State vs. Federal Courts

Defending a lawsuit in New York may mean appearing in state court or federal court, depending on the claim:

• New York Supreme Court: Despite the name, this is the trial-level court for major civil matters. Claims exceeding $50,000 are typically filed here.
• Civil Court of the City of New York: Handles cases up to $50,000, with a separate Small Claims Part for disputes under $10,000.
• Federal Courts: Hear cases involving federal law or where there is diversity of citizenship and the amount in controversy exceeds $75,000 (U.S. Courts Overview).

Our firm regularly defends individuals and businesses in New York Supreme Court, and federal district courts all over New York.

The Cost of Defense: Retainer and Hourly Rates

Civil defense litigation is a serious commitment. We believe in transparency about fees from the outset so that clients can make informed decisions.

• Initial retainer fees for defense cases generally range from $10,000 to $50,000, depending on the nature and complexity of the matter, the amount at stake, and the area of law involved.
• Hourly billing rates can range from $450 to $750, again reflecting nature the nature complexity of the matter, the area of law involved and the demands of the case.

Our philosophy is that litigation must be worth the cost of legal fees. That means carefully evaluating your exposure and developing a defense strategy that aligns with your financial and business interests.

Building a Strong Defense Strategy

When we defend clients in civil cases, we focus on more than just responding to allegations. Defense strategy often includes:

1. Procedural challenges – Was the lawsuit filed correctly? Is the venue proper? Has the statute of limitations expired?
2. Substantive defenses – Can the plaintiff actually prove their claim under the law? Are the facts sufficient?
3. Discovery analysis – Is the plaintiff’s evidence admissible, complete, and credible?
4. Counterclaims – Do you have a valid legal claim back against the plaintiff? Sometimes, asserting a counterclaim shifts the balance of power in litigation.
5. Settlement evaluation – Not every case should go to trial. We help clients weigh whether early settlement is financially sensible versus the cost of prolonged litigation.

Why Retaining Experienced Defense Counsel Matters

Being sued is disruptive. It can impact your business, your finances, and your peace of mind. But with the right defense team, you have the opportunity to level the playing field.

• We examine every detail of the plaintiff’s case, holding them to their burden of proof.
• We advise on risks vs. costs, helping you make rational, informed choices.
• We consider offensive strategies like counterclaims, injunctions, or motions to dismiss.
• We prepare every case as if it will go to trial — which often results in stronger positions during settlement negotiations.

As the New York State Bar Association explains, civil litigation is designed to resolve disputes through evidence and argument, not assumptions. Our role is to make sure the process works fairly — and in your favor.

Frequently Asked Questions

Contact Us

If you have been served with a civil lawsuit in New York, the most important step is to act quickly. Deadlines for responding are short, and failing to answer can result in a default judgment.

Contact our office today to schedule a consultation. We will review the claims against you, assess potential defenses and counterclaims, and develop a strategy that protects your rights while balancing the financial realities of litigation. Call (212) 537-6612