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Flashcards in CPLR Deck (236)
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1

CPLR

Civil Practice Law and Rules

2

New York Courts - General Jurisdiction Court

Supreme Court is the only court of general subject matter jurisdiction
- power to hear any type of action
- 1 branch in each of the 62 counties (each county is the venue)
- if one NYS Supreme Court has subject matter jurisdiction then all branches have subject matter jurisdiction jurisdiction

3

Supreme Court - UNLIMITED Subject Matter Jurisdiction with regards to:

1. Monetary damages (no min's or max's)
2. Asserting equitable remedies
3. Residency of the parties
4. Place where the cause of action arose

4

Supreme Court - Forum Non-Conveniens

Although it has SMJ, the court may to dismiss action based on forum non-conveniens when there is no substantial nexus to NY and the Defendant makes a motion

5

Supreme Court - UNLIMITED Subject Matter Jurisdiction
EXCEPTIONS:

1. Where federal law confers exclusive jurisdiction on federal courts (bankruptcy, patents, copyrights); and
2. Claims for money damages in tort or contract against NYS must be brought in the Court of Claims (not judicial review of admin decisions!).

6

Court of Claims - Jurisdiction

NYS is the only party that can be a Defendant in the Cour to Claims.
Employees of the state, Gov't subdivisions, must be sued in Supreme Court.

7

Supreme Court - Exclusive Subject Matter Jurisdiction

1. Matrimonial Actions - status! (divorce, separation, annulment)
2. CPLR Art. 78 Judicial review of government administrative actions
3. Declaratory judgment actions

8

Statute of Limitations ("SoL") - Defined

An affirmative defense, based on the passage of time, to be raised by the D.

9

SoL - When does it run?

When the cause of action ACCRUES

10

SoL - Accrual for Personal Injury & Contract

1. Personal Injury - 3 years and accrues on the date of injury
2. Breach of K - 6 years and accrues on the date of breach

11

SoL - Discovery & Accrual

NYS does NOT use "discovery" for the cause of action to accrue even if P is unaware of injury or breach.
* Injured fetus that is born alive has a cause of action that accrues on the date of birth.
* EXC - Fraud

12

SoL - Commencement

Action must be COMMENCED no later than the last day proscribed by SoL- summons & complaint or summons w/ notice

13

SoL - Accrual Calculation

Exclude the day upon which the triggering event occurs and begin counting the next day.- TIP: Last day to commence an action will be the anniversary date

14

SoL - Accrual: Holidays and Weekends

If the LAST day falls on a weekend or holiday, P has until the next business day to commence.

15

SoL - Action on judgment

20 years.

16

SoL - Action to Recover Real Property

10 years.

17

SoL - Action by crime victim against convicted D for serious crime

10 years.Runs from date of CONVICTION.
P also has 3 years to sue from discovery of D's receipt of money or property.

18

SoL - Action by crime victim against convicted D for any crime

7 years from date of CRIME

19

SoL - Breach of Contract

6 years from date of breach

20

SoL - Indemnity & Contribution

6 years from date of payment for which indemnity or contribution is sought.

21

SoL - Fraud

6 years from commission
OR
2 years from discovery, whichever is longer

22

SoL - Equity Actions (rescission, reformation, accounting)

6 years.

23

SoL - Victim of Rape-related Felony

5 years from date of crime;
and
5 extra years from termination of the criminal proceeding

24

SoL - UCC Art 2 Contracts

4 Years
Breach of warranty claim accrues upon tender of delivery

25

SoL - Negligence & Strict Products Liability

3 years from injury
EXCEPT: toxic substances gets date of discovery

26

SoL - Products Liability

1. Negligence - 3 years from injury
2. Strict Products Liability - 3 years from injury
3. Breach of Warranty - 4 years for sales from date of product delivery (by each D separately down the chain)

27

SoL - Property Damage (conversion & replevin)

3 years

28

SoL - Non-medical Professional Malpractice

3 years when services are completed regardless of awareness.
- SoL is EXCLUSIVE to other SoL's
- 3 years from date of bodily injury (not date of work completion) (eg. from building collapse)

29

SoL - Old Buildings

When PI claim is brought more than 10 years after the building was completed
1. P must service notice at least 90 days before suit
2. P may obtain pre-action discovery from the potential D during the 90 day waiting period
3. If D moves for SJ, P has the burden to show "substantial basis" to believe D's negligence was the proximate cause of the injuries.

30

SoL - Toxic Substances

3 year SoL accrues when the earlier of either:
1. Discovery
2. Should have been discovered reasonably