New York Courts

Question 1

What is the trial court of general jurisdiction?

Answer 1

NY Supreme Court

Question 2

What is a court of original jurisdiction?

Answer 2

The court in which an action was commenced

Question 3

What is general jurisdiction?

Answer 3

The power to hear any type of action (but still need to get PJ)

Question 4

What is the jurisdiction of the Supreme Court?

Answer 4

All purpose jurisdiction— the NY Supreme Court’s jurisdiction is unlimited as to:

1. The monetary amount at issue;
2. Equity claims (e.g., injunction, specific performance, and contract recission);
3. Residency of the parties; AND
4. the place where the cause of action arose.

Question 5

How broad is supreme court jurisdiction?

Answer 5

Statewide (if one court has jurisdiction, so does every other branch of the Supreme Court - there are 62 of them, one per city)

Question 6

What court has equity jurisdiction?

What are some typical equity actions? (6)

Answer 6

Supreme Court is the ONLY court in NY with equity jurisdiction!

Typical equity actions include:

1. Injunction;
2. Specific performance on Ks;
3. Mortgage foreclosure;
4. Accounting;
5. Contract rescission; AND
6. Anything relating to trusts.

Question 7

When can the supreme court dismiss on forum non conveniens grounds?

Answer 7

General rule: Non-residency of parties in NY and the lack of relationship of the claim to NY do not deprice the court of SMJ.

BUT… The Court has discretion (UPON MOTION) to dismiss on the ground of FORUM NON CONVENIENS when the action lacks “any substantial nexus to NY.”

(N.B. Court may not dismiss sua sponte, i.e., unilaterally)

Question 8

What are the two exceptions to the unlimited SMJ of the NY Supreme Court?

Answer 8

1. Cases where federal law confers exclusive jurisdiction on federal courts (i.e., patents, bankruptcy, copyright) AND
2. Claims for money damages in tort or contract against the state of NY

(N.B. Employees of the State and subdivisions of the state (i.e., counties, cities, towns, and school districts) MUST be sued in Sup. Ct.)

Question 9

What is the only court where you can sue the state of NY for tort or contract damages?

Answer 9

NY court of claims

Question 10

Who can be sued in the court of claims?

Answer 10

ONLY the state of NY

(NOT employees, towns, cities, school districts, counties; they must go to Sup. Ct.)

Question 11

What three types of claims does the supreme court have exclusive jurisdiction over?

Answer 11

1. Matrimonial action (marital status)
2. CPLR article 78 proceeding (judicial review of administrative action: state may be D, but not contract or tort)
3. Declaratory judgment action (judicial declaration of the rights and obligations of the parties)

Question 12

What is a prerequisite for tort action against municipal defendant?

Answer 12

Notice of claim requirement (possibly others as well)

Question 13

What marital actions can the family court NOT hear?

Answer 13

Marital status (divorce, separation, annulment, etc)

Question 14

What does the family court have jurisdiction over?

Answer 14

Money related to family matters (child support; alimony; etc)

Question 15

What are the monetary caps in NY courts other than the supreme court?

Answer 15

$3000 to $25,000

Also, very little equity jurisdiction