Flashcards in CPLR Deck (236)
Civil Practice Law and Rules
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
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
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
Supreme Court - UNLIMITED Subject Matter Jurisdiction
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!).
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.
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
Statute of Limitations ("SoL") - Defined
An affirmative defense, based on the passage of time, to be raised by the D.
SoL - When does it run?
When the cause of action ACCRUES
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
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
SoL - Commencement
Action must be COMMENCED no later than the last day proscribed by SoL- summons & complaint or summons w/ notice
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
SoL - Accrual: Holidays and Weekends
If the LAST day falls on a weekend or holiday, P has until the next business day to commence.
SoL - Action on judgment
SoL - Action to Recover Real Property
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.
SoL - Action by crime victim against convicted D for any crime
7 years from date of CRIME
SoL - Breach of Contract
6 years from date of breach
SoL - Indemnity & Contribution
6 years from date of payment for which indemnity or contribution is sought.
SoL - Fraud
6 years from commission
2 years from discovery, whichever is longer
SoL - Equity Actions (rescission, reformation, accounting)
SoL - Victim of Rape-related Felony
5 years from date of crime;
5 extra years from termination of the criminal proceeding
SoL - UCC Art 2 Contracts
Breach of warranty claim accrues upon tender of delivery
SoL - Negligence & Strict Products Liability
3 years from injury
EXCEPT: toxic substances gets date of discovery
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)
SoL - Property Damage (conversion & replevin)
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)
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.