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Flashcards in NY Practice Deck (189)
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1

What is the term for the court in which an action is commenced?

Original Subject Matter Jurisdiction

2

If a court has general jurisdiction, what types of claims can it hear?

It has the power to hear any type of action.

"All purpose"

3

What is the only court in NY that has general SMJ?

Supreme Court (most important trial court).

4

Since the SC's SMJ = general, its jurisdiction is unlimited with regard to ...?

(1) Monetary Amount
(2) Ability to assert equity claims
(3) Residency of parties
(4) Place where COA arose.

5

Injunction, specific performance, mortgage foreclosure, accounting, contract recission and the imposition of a constructive trust - are all examples of what?

Equity claims.

6

Does it matter than neither party is a NY resident and that the cause of action has no relation to NY?

No - not a problem.

7

Forum non conveniens

The court has DISCRETION, upon motion, to dismiss the case on the ground of forum non conveniens when action LACKS SUBSTANTIAL NEXUS to NY.

Motion must be made by D.

8

What are the exceptions to SC's general jurisdiction?

(1) Cases where federal law confers exclusive jurisdiction

(2) Claims for money damages in tort or contract against the STATE OF NY.

9

What is the Court of Claims?

Only court where claims against the State of NY can be brought.

10

What are the three areas the SC court has exclusive jurisdiction over?

(1) Matrimonial Action
(2) CPLR Article 78 Proceeding
(3) Declaratory Judgement Action

11

Which court has jurisdiction over matrimonial actions?

Supreme Court - it has EXCLUSIVE jurisdiction

12

What court has jurisdiction over cases involving judicial review of NY State and local government AGENCY ACTIONS?

Supreme Court - it has exclusive jurisdiction

13

What is a CPLR Article 78 proceeding?

Judicial review of STATE ADMINISTRATIVE ACTION.

Judicial review of NY State and local government agency action. These actions are distinguished from claims against the State for money damages in tort/contract - which must be brought in Court of Claims

14

What court has jurisdiction over cases involving declaratory judgment actions?

SC has exclusive jurisdiction.

Declaratory judgment action are judicial declarations of the rights and obligations of the parties to an actual controversey before on of the engages in conduct that could cause liability.

15

What are the three areas the SC court has exclusive jurisdiction over?

(1) Matrimonial Action
(2) CPLR Article 78 Proceeding
(3) Declaratory Judgement Action

16

Which court has jurisdiction over matrimonial actions?

Supreme Court - it has EXCLUSIVE jurisdiction

17

What court has jurisdiction over cases involving judicial review of NY State and local government AGENCY ACTIONS?

Supreme Court - it has exclusive jurisdiction

18

What is a CPLR Article 78 proceeding?

Judicial review of STATE ADMINISTRATIVE ACTION.

Judicial review of NY State and local government agency action. These actions are distinguished from claims against the State for money damages in tort/contract - which must be brought in Court of Claims

19

What court has jurisdiction over cases involving declaratory judgment actions?

SC has exclusive jurisdiction.

Declaratory judgment action are judicial declarations of the rights and obligations of the parties to an actual controversey before on of the engages in conduct that could cause liability.

20

If the D wants to challenge the timeliness of a case - what defense should he raise?

Statute of Limitations

21

Accrual

When SOL begins to "run." Typically, when injury first occurs.

22

SOL for personal injury or property damage action.

3 years

23

SOL for breach of contract action

6 years

24

SOL is NOT measured from ...

date that P discovers the injury, accrual occurs from the date of injury/breach EVEN IF P IS UNAWARE of injury.

25

Satisfying the SOL requires...

The action must be COMMENCED no later than the last day of the prescribed period of limitations.

Commencement consists of filing process.

26

What are the two exceptions to the standard medical malpractice SOL?

(1) Continuous treatment exception

(2) Foreign objections exception

27

What is the SOL period for medical malpractice?

2 1/2 years and the date of accrual runs from the date of malpractice.

28

If the P wants to assert a cause of action against a hospital for negligent hiring - what is the SOL?

3 YEARS. Because this is an ordinary negligence claim, NOT med mal.

29

Medical malpractice SOL applies to...

Doctors, dentists, podiatrists, nurses and hospitals

30

The last timely date for commencement of A's action against Mercy Hospital on a theory of respondent superior (vicarious liability) is?

2 1/2 years. Same as required under typical medical malpractice case