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Law Offices of Jonathan M. Cooper

One Way to Get an Expedited Trial in a NY Breach of Contract Case

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Contrary to popular belief, not every New York breach of contract case needs to languish in New York's judicial system for several years; there are some limited circumstances where the penultimate issue in one of these cases can be decided relatively quickly.

Under New York's Civil Practice Law and Rules, there is a device that the courts can employ called a "framed issue hearing," which is essentially a mini-trial that is limited to one or two very specific issues. At the hearing, each side may call witnesses and introduce evidence, and the testimony and evidence is received in the same manner as at any trial.

Although this procedure is typically employed where the defendant contends that s/he was not properly served with the complaint, there are also some instances in the context of breach of contract cases, where this procedure will also come into play.

This procedure has both pros and cons. The upside is that you get resolution of a particular issue out of the way very quickly. The downside is that you will typically have little to no discovery on this issue before the hearing is held.

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