CPLR (NY Practice and Procedure) Flashcards
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
Supreme Court lacks jurisdiction over…
Claims against NY state (heard by court of claims)
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.
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.
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)
Surrogate court’s original jurisdiction
(1) All matters concerning decedent’s estates
2) adoption and guardianship proceedings (shared with family court
District courts
In Nassau and Suffolk counties only.
Claims for $15,000 or less. Otherwise similar to NYC Civil Court.
City Courts
In each of the 61 cities in NY.
Hears claims of $15,000 or less. Otherwise like NYC Civil Court.
Town and Village Courts / Justice Courts
In towns and villages.
Hears claims of $3,000 or less.
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.
Court of Claims
Has jurisdiction over tort and contract claims against the State of New York or state agencies.
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.
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
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
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.
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.
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
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.
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-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
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
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
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)
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
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
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
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
2-year SoL
Wrongful death. If wrongful death results from crime, 1-year from termination of criminal prosecution
18-month SoL
Contract against village
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
1-year SoL
(1) Intentional torts
(2) Action upon arbitration award
(3) enforcement of statutory penalty
(4) Against sherif, constable, coroner for official act or commission
(5) Against officer for escape of a prisoner arrested by civil mandate.
(6) Recover an overcharge of interest or penalty
(7) Retaliatory eviction
(8) Any action against a village not based on contract or tort
4-month SoL
Article 78 proceeding (mandamus actions against government officials). (But challenges to village, town, and city zoning and planning boards must be made within 30 days from date of the decision’s filing.)
Can parties change the SoL?
Shorten = Yes, by written agreement. Sale of goods contracts may reduce to no less than on year and may not extend. Extended = Yes, by written agreement signed y the party against whom extension is sought IF agreement occurs AFTER accrual. No consideration needed.
Is SoL waiveable?
Yes. Waived by agreement or failing to timely raise it as a defense.
How to commence action (depends on court)
Most courts (supreme, city courts, etc.) = filing Justice courts (town and village) = service of process
Interposing defenses and counterclaims
Interposed when a pleading containing the defense or counterclaim is served.
Deemed timely if it would have been timely the day the π commenced the action.
Amending a pleading / relation back
Can raise new claim if original pleading gave ∆ notice (∆knew or should have known) of the events on which the new claim is based.
Two disabilities that toll SoL period
(1) infancy (under 18yo)
(2) insanity
After removal of disability:
If SoL is less than 3 years = π has full limitations period
If SoL is 3 years or more two things:
(1) if SoL has less than 3 years left = extended for 3 years
(2) if SoL has more than 3 years left = SoL is unaffected
10 year = maximum extension for insanity & infant medical malpractice only
∆ outside NY in SoL
SoL does not begin to run until ∆returns to NY
If ∆ spends 4 months or more outside NY, SoL is tolled
Also tolled if ∆ is in NY under a false name.
How does a party’s death affect SoL?
π dies = representative has 1 year to file an action OR within the usual SoL, whichever is longer
∆ dies = SoL is tolled for 18 months
How does adding a ∆affect SOL?
If after SoL runs, amendment will relate back if :
(1) claims against both ∆s arise out of the same conduct/occurrence/transaction
(2) both ∆s are united in interest AND
(3) added ∆ knew or should have known that the action would have been brought against him but-for π’s mistake
Borrowing statute
When claims that accrued out-of-state are brought by an out-of-state resident, claim is governed by BOTH the NY state SoL and other-state SoL