How long does a commercial litigation case take in New York Supreme Court?

Most commercial litigation cases in New York Supreme Court resolve in 18 to 36 months from filing to judgment. Commercial Division cases tend to move faster than general IAS matters because discovery deadlines, motion schedules, and conferences are enforced. Simple contract cases with documentary proof can resolve on summary judgment within 12 to 18 months. Complex cases involving multiple parties, expert discovery, or foreign evidence can run three to five years. An appeal adds an additional 12 to 24 months.

How long does discovery take in a New York commercial case?

Discovery typically runs 9 to 18 months from the preliminary conference to the filing of the note of issue. In the Commercial Division, the Rule 202.70 preliminary conference order sets hard deadlines for document production, depositions, and expert disclosure; those deadlines are enforced. In general IAS parts, discovery often slips past the scheduled date and stretches to 18 to 24 months. Document production is usually completed first, followed by depositions, followed by expert disclosure.

How long does a motion to dismiss take in New York?

A pre answer motion to dismiss under CPLR 3211 is typically fully briefed within 60 to 90 days. Oral argument, where set, follows within another 30 to 60 days. Decisions from Commercial Division justices generally issue within 60 to 90 days after submission. General IAS decisions can take six months or longer. Motion to dismiss practice adds three to nine months to the case timeline if granted in part; if granted in full, the case ends.

How long does summary judgment take under CPLR 3212?

Summary judgment motions under CPLR 3212 must be filed within 120 days of the note of issue unless the court sets a shorter deadline (60 days is common in the Commercial Division). Briefing typically takes 60 to 90 days. Decisions in the Commercial Division usually issue within 60 to 120 days after submission. Summary judgment can resolve the case without trial, shortening the overall timeline by a year or more.

How long does a commercial trial take in New York?

Most commercial bench trials run two to ten trial days once started. Complex cases with expert testimony or multiple parties can run two to four weeks. Trials are typically scheduled 12 to 24 months after the note of issue is filed. The note of issue certifies that discovery is complete and the case is ready for trial. Most cases settle before trial. Of those that go to trial, most resolve on the first day through a trial settlement or a dispositive ruling on an in limine motion.

How long does a New York appeal take?

An appeal to the Appellate Division from a Supreme Court judgment or interlocutory order typically runs 12 to 18 months from filing the notice of appeal to decision. Perfection of the record and briefing takes six to nine months. Oral argument follows within three to six months after perfection. Decision issues within two to six months after argument. An appeal to the Court of Appeals, if leave is granted, adds another 12 to 18 months.

What factors speed up or slow down a commercial case in New York?

Cases move faster when: the case is in the Commercial Division (Rule 202.70 applies); the justice enforces deadlines; the documentary record is clean and largely undisputed; the parties use joint requests for judicial intervention early; and summary judgment is viable. Cases slow down when: there are more than two parties; discovery requires foreign evidence or Hague Convention requests; experts are necessary on both sides; one party ignores deadlines and the other must move to compel; there is interlocutory appeal; or the assigned justice has a heavy backlog. Counsel selection matters: a lawyer who knows the part and the rules operates faster than one who does not.

How Long Does Commercial Litigation Take.
New York Timelines Explained.

Phase by phase: how long the pleadings take, how long discovery takes, how long summary judgment takes, how long trial takes, how long an appeal takes, and what speeds a case up or slows it down. More than 20 years in New York Supreme Court. The Lawyer’s Lawyer.

The Short Answer: 18 to 36 Months, With Wide Variation

Most commercial litigation cases in New York Supreme Court resolve in 18 to 36 months from filing to judgment. That range compresses on simple, well documented cases that end on summary judgment, and it stretches to three, four, or five years on complex multi party cases with expert discovery, foreign evidence, or interlocutory appeal.

Commercial Division cases (those meeting the monetary thresholds of Rule 202.70) generally move faster than general IAS matters because deadlines are enforced and the assigned justices are experienced business litigators running organized parts. General IAS practice varies by the assigned justice, the county, and the case type.

The rest of this page walks through each phase: the pleadings, the preliminary conference, discovery, motion practice (including summary judgment), trial, and appeal. It then lays out the factors that accelerate and decelerate a case.

Filing to Issue Joined: 60 to 150 Days

The opening phase runs from the filing of the summons and complaint to issue joined (the filing of the answer or the denial of a pre answer motion to dismiss).

Filing and service

The summons and complaint are filed in Supreme Court of the county where venue lies (CPLR Article 5). Service under CPLR 308 (individuals) or CPLR 311 (corporations) follows. Proof of service is typically filed within days. The defendant has 20 days to answer if served personally within New York, 30 days if served by other methods (CPLR 3012(a) and (c)).

Pre answer motion to dismiss under CPLR 3211

Where a defendant elects to move to dismiss instead of answering, the motion stays the time to answer and is typically fully briefed within 60 to 90 days. Oral argument, if set, follows within another 30 to 60 days. In the Commercial Division, decisions usually issue within 60 to 90 days of submission; general IAS decisions can take six months or longer. A motion granted in full ends the case. A motion granted in part narrows the pleadings but does not delay the rest of the schedule materially.

Answer and counterclaims

Where no motion is made (or after a motion is denied), the answer and any counterclaims are served. Reply to counterclaims follows under CPLR 3011. Issue is then joined, and the case proceeds to a preliminary conference.

Total for this phase: 60 to 150 days absent a dispositive motion to dismiss. Add 90 to 180 days if a substantial motion to dismiss is briefed and decided.

Preliminary Conference: Usually Within 60 Days of Issue Joined

After issue is joined, a Request for Judicial Intervention is filed (if not already) and the case is assigned to an IAS part. A preliminary conference is scheduled, typically within 60 days.

Commercial Division preliminary conferences are substantive. Rule 202.70(g) requires the parties to confer on ESI (electronically stored information) issues in advance and to come prepared with a proposed discovery plan. The justice sets hard deadlines for document production, depositions, expert disclosure, and the filing of the note of issue. Extensions require good cause and are not granted casually.

General IAS preliminary conferences vary by part. Some justices run them substantively; others are procedural. In either case, the preliminary conference order sets the case schedule. The order is the document every party should work from for the rest of the case.

Discovery: 9 to 18 Months, Sometimes Longer

Discovery is the phase that most often runs long. The typical sequence:

Document production (months 1 to 6 of discovery)

Written demands under CPLR 3120 are served and responded to within 20 days. Productions roll in over weeks or months. In commercial cases, documentary review is typically in the tens or hundreds of thousands of pages. ESI protocols that were not settled at the preliminary conference will be fought about here. Disputes over scope, privilege, and format are common. Rule 14 of the Commercial Division Rules requires letter motions before formal motions on discovery disputes.

Depositions (months 4 to 12 of discovery)

Uniform Rule 202.20-a imposes the seven hour presumptive limit, consistent with federal practice. Depositions of party witnesses come first, then non party witnesses, then expert depositions if ordered. In the Commercial Division, interrogatories are limited and generally disfavored; the record is built through depositions and documents.

Expert disclosure (months 9 to 15 of discovery)

CPLR 3101(d) governs. The Commercial Division typically requires detailed expert reports rather than the bare CPLR 3101(d)(1) disclosure. Expert depositions follow where ordered.

Note of issue

Discovery closes with the filing of the note of issue under CPLR 3402 and 22 NYCRR 202.21, certifying that discovery is complete and the case is ready for trial.

Total discovery, measured from preliminary conference to note of issue, typically runs 9 to 18 months in the Commercial Division and 12 to 24 months in general IAS parts. Complex cases run longer. Cases with Hague Convention requests, foreign witnesses, or extensive expert discovery can run 24 to 36 months in discovery alone.

Motion Practice and Summary Judgment

Motion practice under CPLR 3211 and CPLR 3212 shapes the case at two points: the beginning (pre answer dismissal) and the end of discovery (summary judgment).

Motions to compel and letter motions during discovery

Discovery disputes are usually resolved at status conferences or by letter motion under the Commercial Division Rules. Letter motions are briefed in 10 to 20 pages and decided within days or weeks. They do not materially delay the case unless they escalate into formal motions to compel or for sanctions.

Summary judgment under CPLR 3212

Summary judgment motions must be filed within 120 days of the note of issue unless the court sets a shorter deadline. The Commercial Division often sets 60 days. Briefing typically runs 60 to 90 days. Decisions in the Commercial Division usually issue within 60 to 120 days of submission; general IAS decisions can take six months or longer.

A successful summary judgment motion ends the case. A partial summary judgment motion narrows the issues for trial and often drives settlement. Summary judgment is decisive in a significant fraction of commercial cases where the record is largely documentary.

Trial: 12 to 24 Months After Note of Issue

Once the note of issue is filed, the case enters the trial queue. Trial is typically scheduled 12 to 24 months later, depending on the part and the justice’s calendar. Pre trial motions (motions in limine, Daubert challenges on expert testimony, and discovery matters left over from the note of issue filing) are resolved in the weeks before trial.

Bench trial vs. jury trial

Most commercial Supreme Court cases are bench trials. A jury demand under CPLR 4102 must be filed with the note of issue to preserve the right. Commercial Division cases are frequently tried to the bench because the justices are experienced business litigators; some parties still elect a jury for tactical reasons.

Trial length

Most commercial bench trials run two to ten trial days once started. Complex cases with expert testimony or multiple parties can run two to four weeks. Trial days are not continuous; they may be spread over weeks.

What actually happens

Most cases do not go to trial. Of those that do, many resolve on the first day through a trial settlement, a directed verdict, or a dispositive ruling on an in limine motion. A full commercial trial to judgment is the exception, not the rule.

Post Trial Motions and Judgment

After verdict or decision, the prevailing party submits a proposed judgment under CPLR 5011 and 22 NYCRR 202.48. The losing party has 15 days to settle a counter judgment. Entry of judgment follows, typically within 30 to 60 days of verdict.

CPLR 4404 motions to set aside the verdict (on a jury trial) or for a new trial (on a bench trial) are filed within 15 days of verdict (CPLR 4405). They add 60 to 120 days to the timeline if filed and briefed.

Pre judgment interest under CPLR 5001 accrues from the date of breach on contract claims, at nine percent simple. Post judgment interest under CPLR 5003 continues at nine percent simple on the judgment until paid.

Appeal: 12 to 18 Months to the Appellate Division

The notice of appeal under CPLR 5515 must be filed within 30 days of service of the judgment or order with notice of entry (CPLR 5513). The appeal then proceeds to the Appellate Division of the Department in which the trial court sits.

Perfection of the record

The appellant must perfect the appeal by filing the record and briefs within nine months of the notice of appeal (22 NYCRR 1250.9 in the First Department; similar rules in the other Departments). Respondent’s brief follows; reply briefs are optional.

Oral argument and decision

Oral argument, where requested, is typically scheduled three to six months after perfection. Decision issues within two to six months after argument.

Total appeal time to the Appellate Division: 12 to 18 months from notice of appeal to decision. Appeals taken as of right to the Court of Appeals, or where leave is granted, add another 12 to 18 months.

Interlocutory appeals

Appeals from interlocutory orders (before final judgment) are permitted under CPLR 5701(a)(2). A party who loses a significant CPLR 3211 or CPLR 3212 motion may appeal mid case. Interlocutory appeals can add 9 to 15 months to the case if they are pursued and no stay is granted. Stay motions in the Appellate Division or Supreme Court slow the case materially.

Factors That Accelerate a Case

Assignment to the Commercial Division. Rule 202.70 applies; deadlines are enforced; decisions issue on schedule.
Clean documentary record. The better the record that exists at filing, the faster the case moves through discovery and the more likely it is to resolve on summary judgment.
Early joint Request for Judicial Intervention. Parties that file jointly and come to the preliminary conference with an agreed discovery plan speed the case through the opening phase.
Summary judgment is viable. If the facts are largely undisputed, a timely CPLR 3212 motion can end the case 12 to 18 months sooner than trial.
Prompt discovery responses. Parties that respond on time avoid motions to compel, which delay the case and erode credibility with the assigned justice.
Counsel who know the part. A lawyer familiar with the justice’s rules and preferences operates faster than one who is not.

Factors That Slow a Case Down

More than two parties. Each additional party adds discovery, scheduling, and motion practice.
Foreign evidence. Hague Convention requests, letters rogatory, and international depositions add 6 to 18 months.
Expert discovery on both sides. Expert reports, expert depositions, and Daubert challenges add months and expense.
One party ignoring deadlines. Motions to compel, motions for sanctions, and preclusion orders add time even when the moving party prevails.
Interlocutory appeals. An appeal from a CPLR 3211 or CPLR 3212 order stays or slows the case by 9 to 15 months.
Judicial backlog. General IAS parts vary. Some justices have manageable calendars; others do not. Commercial Division parts are generally better resourced.
Stays and related proceedings. Parallel bankruptcy, arbitration, or criminal proceedings can stay the civil case entirely.
Settlement posturing without substance. Cases in which one side does not engage with the merits drag.

Practical Takeaways

The timeline is not fixed. It is driven by the justice, the parties, the record, and the motions. A few practical observations from more than 20 years of handling commercial cases in New York Supreme Court:

Budget 24 to 36 months for a typical commercial case. Plan for the discovery phase to be the longest single block.
Build the record early. The facts that exist at filing determine the speed of summary judgment. Cases that settle or resolve on motion are cases whose record was ready.
Pick the right venue. Cases that meet the Rule 202.70 thresholds move faster in the Commercial Division than in general IAS parts.
Drive the schedule. Parties that propose dates and push for decisions move faster than parties that wait for the court to do the work.
Expect motion practice. Meaningful cases are shaped by motions, not by pleadings. Motion practice is where leverage is built.

Talk to a Commercial Litigation Lawyer in New York

The Law Office of Frederic R. Abramson handles commercial litigation in New York Supreme Court across the five boroughs, Nassau, Suffolk, and Orange counties, including in the Commercial Division. Case evaluation, pleadings, discovery, motion practice, summary judgment, trial, and appeals. More than 20 years of daily courtroom experience. The Lawyer’s Lawyer.

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How Long Does Commercial Litigation Take.New York Timelines Explained.