We’re thrilled to share a recent case victory in the Westchester County Supreme Court that underscores our commitment to defending our clients’ rights in complex business disputes.
In this case, our client—a business owner seeking to close her operations in New York and Connecticut and start a new venture in Oregon—faced an unexpected obstacle when a former business partner refused to release inventory essential to her new enterprise. With her future business plans on hold, our client turned to us to resolve this dispute and regain control over her property.
Our approach began with filing a lawsuit against the defendant, seeking the return of the withheld inventory or its cash value. The defendant, represented by an attorney, responded by not only denying the allegations but also raising multiple counterclaims against our client.
A Strategic Approach
Rather than rush to respond to these counterclaims, we advised patience. Under New York law, specifically CPLR 3215(c), a party has grounds to request dismissal of counterclaims if they are left unanswered for over a year. Confident that this approach would strengthen our client’s position, we waited and then filed our motion nearly two years later, confident in our strategy.
Court’s Decision: A Win for Our Client
Our patience paid off. The court granted our motion, dismissing the defendant’s counterclaims. This was a significant turning point that shifted momentum to our client’s favor.
Adding to this success, when neither the defendant nor her attorney appeared at a mandatory conference, the court took a further step in our client’s favor, striking the defendant’s answer and issuing a Trial Readiness Order. These rulings significantly narrowed the issues in the case, placing our client in an ideal position as we prepare for trial.
A Lesson in Patience and Precision
This victory not only highlights the importance of patience in litigation strategy but also showcases our dedication to protecting our clients’ rights. At Arpino PC, we understand that every case is unique and requires a tailored approach to reach the best possible outcome.
If you or your business faces a dispute, reach out to us for a consultation. We’re here to stand by your side and guide you through each step toward achieving a favorable resolution.