The inefficiency of our court system directly impacts the businesses in New York.
The time required to litigate a business dispute, particularly for small businesses, may vary greatly depending on the court where the case is heard. Tens of thousands of New Yorkers are forced to miss work annually by spending unnecessary days in court, impacting both litigants and their employers. Businesses involved in a claim against the state may be compelled to engage in two identical sets of proceedings in different courts, consuming extra time, money, and resources.
The Stories, and Why They Matter
Litigating a business dispute in New York State is a complicated affair because a myriad of courts have jurisdiction over civil matters. The speed with which a case is adjudicated and the business expertise of the judge varies significantly depending on the court in which the case is heard.
Except for cases in the Commercial Division of the Supreme Court, businesses – and particularly small businesses, for which the Commercial Division is often not available – cannot be assured that their cases will be heard in a timely or reliable manner.
Each year, tens of thousands of New Yorkers are forced to miss work by spending unnecessary days in court. This is not only a problem for individual litigants, but also for their employers. When a large cross-section of our state’s population is subject to such routine absences, the consequences are directly felt by our state’s employers. This factor makes our state less appealing for businesses.
In any case involving a claim against the state, a business that is a party to the case may be compelled to engage in two sets of proceedings, one in a civil court and an identical one in the Court of Claims. With businesses around the country increasingly concerned about litigation costs and the commitment of management resources to litigation, this presents another reason for a business to steer clear of New York when deciding where to locate its operations.