CPLR (NY Practice and Procedure) Flashcards Preview

NYS Bar > CPLR (NY Practice and Procedure) > Flashcards

Flashcards in CPLR (NY Practice and Procedure) Deck (106)
Loading flashcards...
1

Supreme Court's exclusive original jurisdiction

(1) matrimonial actions
(2) Article 78 proceedings (actions of state or local government officials/agencies + corporations)
(3) Declaratory judgment actions

2

Supreme Court lacks jurisdiction over...

Claims against NY state (heard by court of claims)

3

County court jurisdiction

Hears civil actions for money damages that:
(1) are $25,000 or LESS AND
(2) At commencement of action, (a) each ∆ resides in the county OR (b) has business office in the county and the claim arose in the county,
If case involves real property in the county, jurisdiction exists regardless of the amount in controversy.

4

New York City Civil Court

Like county court, jurisdiction limited to claims of $25,000 or less.
May also hear:
(1) action to recover money
(2) replevin actions
(3) real property actions
(4) declaratory judgments against insurer or arbitration awards
(5) rescission and reformation of a contract.

5

Family court original jurisdiction

(1) Family matters (except matrimonial actions for separation, divorce and annulment. These are in Supreme Court.)
(2) adoption and guardianship (shared with surrogate's court)

6

Surrogate court's original jurisdiction

(1) All matters concerning decedent's estates
(2) adoption and guardianship proceedings (shared with family court)

7

District courts

In Nassau and Suffolk counties only.
Claims for $15,000 or less. Otherwise similar to NYC Civil Court.

8

City Courts

In each of the 61 cities in NY.
Hears claims of $15,000 or less. Otherwise like NYC Civil Court.

9

Town and Village Courts / Justice Courts

In towns and villages.
Hears claims of $3,000 or less.

10

Small Claims Jurisdiction

Amount not exceeding $5,000. Informal and simplified procedures apply in small claims actions. Rules of evidence do not apply. Waives jury trial.

11

Court of Claims

Has jurisdiction over tort and contract claims against the State of New York or state agencies.

12

Appellate Terms of the Supreme Court

Appeals by NYC Civil Court is heard by the appellate terms, which exist only in the First and Second Judicial Departments.

13

NY Court Subject Matter Jurisdiction

Supreme Court = general subject matter jurisdiction. From NY constitution, so legislature cannot restrict it.
All other NY courts = limited subject matter jurisdiction

14

Court of Appeals

Highest court in NY state. Review confined to questions of law, not fact.
Only original jurisdiction: (1) attorney supervision and discipline, and (2) other limited areas

15

Removal among NY courts

If improper = File motion in Supreme Court to remove the action. Supreme Court can remove the action on such terms that are "just."
To higher court = removal filed in a court with adequate jurisdiction to grant relief. Court may remove action to itself.
To lower court = Lower court can remove with consent of all parties OR pursuant to a appellate division rule.
Waiver of jury right is inoperative in removal to higher or lower court.

16

General Personal Jurisdiction

Court can entertain any action against that person. Based on:
(1) domicile in NY
(2) physically present in NY (cannot fraudulently entice someone to come to NY)
(3) statutory consent (for authorized corporations) Serve the NY Secretary of State
(4) "doing business" in NY / more than one transaction (for unauthorized corporations). Soliciting business and sales or manufacturing is NOT enough.

17

Specific Personal Jurisdiction

Can entertain action only when there is (1) a sufficient connection to NY and (2) the action "arises out of" that connection. Based on:
(1) Express consent / Forum selection clauses
(2) Statutory consent (e.g., nonresident drivers)
(3) Long-arm jurisdiction

18

Due Process requirements for personal jurisdiction

(1) notice
(2) opportunity to be heard
(3) if ∆ is non-domiciliary, (a) minimum contracts AND (b) case must "arise out of" those contacts.

19

NY Long-arm jurisdiction (for specific jurisdiction)

(1) Transaction of any business in NY (single act counts)
(2) Entry into contract to supply goods or services in NY
(3) Ownership, use, possession of real property in NY
(4) Commission of tortious act within NY
(5) Commission of Tortious act outside NY if causes injury in NY and ∆:
(a) Regularly does/solicits business in NY
(b) engages in persistent course of conduct in NY
(c) derives substantial revenue from NY
Defamation exception: defamation cannot be used for this prong.
(6) Estate of someone over whom NY would have had jurisdiction

20

20-year SoLs

(1) suit by the state to recover real property
(2) support, alimony, maintenance
(3) principle or interest on bonds
(4) enforce a money judgment

21

10-year SoLs

(1) recovery of real property or its possession
(2) redeeming real property for a mortgage
(3) premises after state grant of real property is annulled due to fraud or mistake
(4) affidavit of support amounts paid to on behalf of an alien

22

6-year SoLs

(1) Default SoL if no other limitation applies
(2) Contracts (except contracts for sale of goods = 4 years)
(3) Action on sealed instrument
(4) Action on mortgage of real property or bond/note securing mortgage
(5) Contribution against joint tortfeasors
(6) Misappropriation or spoliation of public property
(7) Equity/Mistake
(8) Derivative action by/for corporation or LLC
(9) Fraud

23

SoLs for crime victim against convicted peretrator

Felony: within 10 years of conviction
Misdemeanor: within 7 years of conviction
Profits of crime: within 3 years of discovery of profits
First-degree rape, sexual assault, aggravated sexual abuse, or conduct against a child: within 5 years (whether or not ∆ is convicted)

24

5-year SoLs

Victim of first-degree rape, criminal sexual assault, aggravated sexual abuse, or conduct against a child, whether or not the perpetrator is convicted

25

4-year SoL

(1) Overcharge of residential rent
(2) breach of contract for sale of goods (all other contracts = 6 years)
(3) Breach of implied warranty for sale of a new home

26

3-year SoL

(1) Negligence
(2) Strict products liability
(3) damages for injury OR damage to property
(4) Annul marriages on ground of fraud
(5) professional malpractice (other than doctors, dentist, podiatrist)
(6) personal property injuries due to strict product liability
(7) sheriff, constable, or other officer for non-payment of funds collected on payment of judgment
(8) statutory liability, penalty, forfeiture
(9) recover chattel or damages

27

What professionals get special SoL for malpractice?

(1) Doctors
(2) Dentists
(3) Podiatrist
These three = two years, 6 months
All others = three years
If against hospital = 2year/6month for malpractice BUT 3-year for negligent hiring
Discovery of object in body = 1 year from discovery

28

2-year SoL

Wrongful death. If wrongful death results from crime, 1-year from termination of criminal prosecution

29

18-month SoL

Contract against village

30

1-year, 90-day SoL

Torts against municipalities
Other requirements:
(1) notice of claim filed within 90 days of accrual
(2) 30 days must pass after filing claim with no payment
(3) villages must be given written notice and reasonable time after receipt of notice before commencing action.
If wrongful death against municipality = still gets 2-year SoL