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General litigation refers to lawsuits and dispute resolution processes that resolve civil conflicts between people, businesses, or other entities. In Brooklyn - which is Kings County in New York State - general litigation covers a wide range of civil matters such as contract disputes, personal injury claims, property and landlord-tenant disputes, business and commercial litigation, consumer claims, employment-related civil suits, and probate or estate disputes. Litigation typically moves through several stages - pleadings, discovery, motion practice, settlement negotiations, trial, and possible appeal. Local courts and state procedural rules determine how cases are started and handled, and many cases are resolved through settlement or alternative dispute resolution before trial.
You may need a lawyer in general litigation for several reasons. A lawyer helps evaluate the strength of your claim or defense, assess legal risks, and identify deadlines that can permanently affect your rights. Lawyers draft and file court papers correctly, manage discovery and evidence - including depositions and expert reports - and handle complex procedural motions. In disputes involving large sums, serious personal injuries, high-stakes business interests, or multiple parties, a lawyer is critical for protecting your financial and legal interests. Lawyers also negotiate settlements, represent you at trial, and advise on whether alternative dispute resolution - such as mediation or arbitration - is a practical option. Even when matters seem straightforward, a lawyer can help prevent costly mistakes, meet strict court rules and time limits, and improve the chances of a favorable result.
Brooklyn litigation is governed by a combination of federal law, New York State law, and local court rules. Key aspects to keep in mind include the following.
- Court structure - Civil cases in Brooklyn are handled in different parts of the New York State court system. Small claims and many civil matters with smaller dollar values are heard in Brooklyn Civil Court. Housing matters and evictions are handled in Housing Court. More substantial civil cases - cases with larger monetary claims, complex business disputes, or jury trials - are filed in the Kings County Supreme Court. Appeals from trial courts typically move to the Appellate Division, Second Department, and ultimately to the New York State Court of Appeals.
- Procedural rules - The New York Civil Practice Law and Rules - abbreviated CPLR - set the procedural framework for most civil litigation in New York. CPLR governs time limits, service rules, pleadings, discovery, motions, and limitations on damages. Local rules for Kings County courts and individual judges supplement CPLR requirements, so complying with both state and local rules is essential.
- Statutes of limitations - Statutes of limitations set the time window to start lawsuits. Common time limits in New York include three years for most personal injury and property damage claims, and six years for many contract claims. Some special claims have shorter or longer periods. Failing to file within the applicable time frame can bar a claim entirely.
- Small claims and monetary thresholds - Brooklyn Civil Court includes a Small Claims Part that hears many disputes for modest sums. In New York City, the small claims limit is commonly used for claims up to ten thousand dollars. The Civil Court also handles other civil claims up to a set monetary threshold, while the Supreme Court handles unlimited claims.
- Landlord-tenant and housing laws - Housing Court enforces rules created under state law and local ordinances. The Housing Stability and Tenant Protection Act of 2019 imposed important changes for tenants and landlords across New York State, including new protections and limits relevant to eviction practice and rent issues. Eviction cases can proceed quickly, and both procedural requirements and relief available to tenants and landlords differ from other civil matters.
- Electronic filing and court access - Many civil cases in Kings County now require or permit electronic filing and digital case management. Knowing how and when to file is necessary to avoid missed deadlines or rejected filings. Courts also provide specific notice and service rules - for example, how defendants must be served with papers so that the court has jurisdiction.
- Alternative dispute resolution - Mediation and arbitration are commonly used in Brooklyn. Courts frequently encourage or order settlement conferences and mediation before trial. Contracts often include arbitration clauses that require disputes to go to private arbitration rather than court.
General litigation includes civil disputes such as breach of contract, negligence and personal injury, property disputes, landlord-tenant and eviction matters, consumer complaints, business and commercial disputes, employment-related civil claims, insurance coverage disputes, and probate or estate litigation. Family law and criminal cases are separate practice areas and follow different court processes.
To start a lawsuit you must prepare and file the proper initial papers with the correct court - usually a summons and complaint or a summons with notice. The court where you file depends on the type of case and the amount in controversy. After filing, the defendant must be properly served according to CPLR rules. Because filing and service rules can be technical, many people consult an attorney to ensure correct procedure and to avoid jurisdictional problems or missed deadlines.
Lawyers may bill by hourly rates, flat fees for discrete tasks, contingency fees for certain cases like personal injury (where the lawyer is paid a percentage of recovery), or hybrid arrangements. You may also pay retainers and be billed for expenses such as court filing fees, deposition costs, and expert witness fees. Fee structures vary widely depending on the complexity of the case, the attorney experience, and the likely outcome. Always request a written fee agreement and discuss billing practices at the initial consultation.
Timelines vary greatly. Simple matters resolved in small claims or via settlement can conclude in weeks or a few months. Complex civil litigation involving discovery, multiple parties, expert witnesses, and motion practice can take one to several years before trial and any appeals. Scheduling, court backlog, and the willingness of parties to settle all influence case duration.
Yes, you have the right to represent yourself in Brooklyn courts. Many people handle small claims or straightforward disputes without counsel. However, self-representation can be risky in complex cases or when significant money, property rights, or legal privileges are at stake. Courts expect parties to follow procedural rules and legal standards, and mistakes can lead to lost rights or disabled appeals. Consulting an attorney for a limited-scope engagement - such as document review or a single hearing - is an option to minimize cost while getting professional help.
Important deadlines include statutes of limitations for your underlying claim, deadlines to respond to a complaint, deadlines to serve papers, discovery timetables, motion return dates, and appeal deadlines. Statutes of limitations often start on the date of injury or breach; for example, personal injury claims commonly have a three-year limit, while many contract disputes may have a six-year limit. Missing a deadline can prevent you from pursuing the claim, so identifying applicable time limits early is critical.
Discovery is the pretrial process where parties exchange information and evidence. It can include written questions called interrogatories, document requests, depositions of witnesses under oath, and requests for admissions. Discovery helps parties evaluate the strengths and weaknesses of the case, refine legal claims, and prepare for trial. Effective discovery often determines case outcomes, and mismanaging it can produce sanctions or leave you unprepared at trial.
Mediation is useful when parties want to negotiate a negotiated settlement with the help of a neutral facilitator. It is often faster and less costly than trial. Arbitration is a private adjudication where an arbitrator issues a binding or non-binding decision based on the parties agreement. Consider ADR when you want to control scheduling, reduce publicity, or enforce confidentiality. Contracts may require arbitration, so check any agreements involved. An attorney can advise whether ADR is appropriate based on the facts and risks.
If you lose in trial court, you may have the right to appeal to the Appellate Division, Second Department, which reviews legal errors and certain trial court rulings. Appeals focus on alleged legal mistakes rather than re-trying facts. Appellate procedure has strict timelines and standards - for example, you must preserve issues at trial to raise them on appeal. The process can be complex and usually requires specialized appellate counsel.
Bring a clear summary of the events and a timeline, copies of all relevant documents (contracts, correspondence, invoices, medical records, photographs, police or incident reports), any court papers you have received or filed, insurance information, and contact details for witnesses. Prepare a list of questions about fees, strategy, likely outcomes, and expected timelines. A good initial meeting will clarify strengths and weaknesses and identify immediate actions to protect your rights.
When seeking help or more information in Brooklyn, consider these courts, agencies, and organizations as starting points for guidance and assistance. They provide information, intake services, and sometimes free or low-cost representation.
- Kings County Supreme Court and Brooklyn Civil Court - trial courts handling civil matters in Brooklyn.
- New York State Unified Court System - the statewide court administration that publishes procedural rules and court forms.
- Appellate Division, Second Department - the intermediate appellate court that hears appeals from Brooklyn trial courts.
- Kings County Bar Association and Brooklyn volunteer lawyer programs - local bar organizations often operate lawyer referral services and pro bono assistance projects.
- The Legal Aid Society and other legal service providers - organizations that provide free or low-cost representation to eligible individuals in civil matters.
- New York State Attorney General - enforces consumer protection and other state laws.
- New York State Department of Labor and U.S. Equal Employment Opportunity Commission - resources for employment-related claims and discrimination issues.
- NYC Department of Housing Preservation and Development and NYC Housing Court resources - for tenants and landlord questions.
- NYC Department of Consumer and Worker Protection and local consumer assistance offices - for consumer complaints and business practices issues.
- Community legal clinics, law school clinics, and alternative dispute resolution centers - which may offer low-cost mediation or legal help.
If you need legal assistance with a civil dispute in Brooklyn, follow these practical steps to move forward.
- Preserve evidence immediately - save documents, photos, messages, contracts, and any physical evidence. Record names and contact information of witnesses and jot down a timeline of events.
- Identify deadlines - determine whether statutes of limitations or court response deadlines apply, and act promptly to avoid losing rights.
- Get an initial consultation - contact one or more attorneys for an initial case evaluation. Ask about fee arrangements, likely costs, case strategy, and expected timelines. Many lawyers offer brief free consultations or low-cost assessments.
- Consider limited-scope representation - if cost is a concern, ask whether the lawyer can assist on specific parts of the case, such as drafting a complaint, responding to a motion, or representing you at a single hearing.
- Explore dispute resolution options - assess whether mediation or arbitration may achieve a faster or less costly result than litigation.
- Use local resources - if you cannot afford private counsel, contact local legal aid organizations, bar association referral services, or courthouse help centers for guidance and possible representation.
- Review and sign a written engagement agreement - before work begins, make sure you understand the fee structure, responsibilities, and how decisions will be made in the case.
This guide provides an overview intended for informational purposes only and does not constitute legal advice. For advice tailored to your specific situation, consult a qualified attorney licensed in New York.
