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Flashcards in NY CPLR Deck (73)
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1

Supreme Court Exclusive Jx

1. Matrimonial
2. Article 78 (officials/agencies)
3. Declaratory Judgments

2

Supreme Court appeals

appellate division of the supreme court

3

County Court original jx

Civil action for money damages, provided that:

1. 25K or less
2. Each D resides in county or has biz office in county and claim arose in county
3. Land located in county
4. Incompetency proceeding re: county resident
5. Enforcement of judgment obtained in another cty

4

Appeals of county court

1. W/n 2nd dept. of Supreme Court --> appellate term of the supreme court
2. All others --> Appellate Division

5

NYC Civil Courts (og jx)

Very similar to county courts.
1. 25K or less
2. Actions to acquire money
3. Replevin actions
4. DJ actions
5. Rent
6. Recission/Reformation of Ks
7. Summary eviction

6

Appeals from NYC Civil courts

Appellate Term of the Supreme Court

7

Family Court (of jx)

1. Child/Spousal support
2. Custody/visitation
3. Neglect/abuse
4. Paternity
5. Termination of parental rights
6. Protection orders

8

Family Court (appeals)

Appellate Division

9

Court of Claims (exclusive jx)

1. Contract and tort against NY state

10

Appellate Division of the Supreme Ct. (og jx)

Atty supervision and discipline

11

Appellate Division fo Supreme Ct (appeals heard)

1. Family Court
2. Supreme Court
3. County
4. Surrogate's
5. Court of claims

12

Appellate Terms of the Supreme Court
(appeals heard)

1. 1st and 2nd division of NYC Civil Courts

13

Due Process Reqs

1. Notice
2. Opportunity to be heard
3. If non-domicile, must be sufficient connection btw state-nonD-case

14

General PJx

1. Domicile
2. Physical presence
3. Statutory consent (authorized corp)
4. Doing business (unauthorized corp)

15

"Doing business" in NY

systemic & continuous w/ a fair measure of permanence and continuity

NOT OK:
- substantial sales & manufacturing
- mere solicitation of biz

OK:
- Employing a sales rep
- Maintaining an office
- Ownership of property

16

Specific PJx

1. Express consent
2. Waiver
3. Statutory consent
- filing suit
- driving
4. Long-Arm

17

NY Long-Arm

- Business transaction in NY
- K to supply goods/services in NY (purposeful availament of NY commerce)
- Ownership/use/possession of real property in NY
- Tortious act w/n NY

- Tortious act outside NY & injury w/n NY
+ regularly biz
+ solicits
+ persistent contacts
+ revenue (NY/interstate/int'l)

18

"Transacting Biz" in NY (long-arm)

Look to quality and quantity of act

*Less intensive than "doing business" requirement of general jx

19

Defamation exception to long arm

Cannot be based on tortious act w/n or outside NY

20

20 year SOL

- by state or its grantee to recover RP
- support, alimony, maintenance
- enforce a money judgment

21

10 year SOL

- recovery of RP
- Redeeming RP for a mortgage

22

7 year SOL

- Crime V to recover damages from convicted perpetrator

*Felony --> 10 years from date of conviction
*Profits of crime --> 3 years from discovery
* 1st degree rape, criminal sex assault, aggravated sex abuse or conduct against child --> 5 years

23

6 year SOL

*Default SOL
- Ks (except for goods)
- Action on mortgage of RP, or a bond/note securing a mortgage
- Contribution against joint-tortfeasors
- Equity/mistake
- Derivative action by or for a corporation
- Fraud

24

5 year SOL

- V of 1st degree rape, criminal sex assault, aggravated sexual assault, aggravated sexual abuse or conduct against a child

25

Four year SOL

- overcharge of residential rent
- Breach of K for sale of goods
- Breach of implied warranty for sale of a new home

26

3 year SOL

- N causes of action
- SPL
- Damages for injury or damage to property
- Personal injuries
- Annulment based on fraud
- Malpractice (except: docs, dentists)
- Personal property injuries due to SPL

27

2.5 year SOL

- Medical, dental malpractice

28

2 year SOL

- wrongful death
- but if result of crime, 1 year after termination of criminal prosecution

29

1.5 year SOL

Ks against a village

30

1 year + 90 days SOL

Tort actions against municipalities