SMJ

Question 1

The Supreme Court’s SMJ is general and therefore unlimited as regards to:

Answer 1

• monetary amount
• ability to hear an equity claim
• residence of the parties
• where the claim arose

Question 2

Forum Non Con Conveniens

Answer 2

• the non-residency of the parties in NY and the lack of relationship of the claim to New York do not deprive the court of subject matter jurisdiction. But the court has discretion, upon motion, to dismiss on the ground of forum non conveniens
• crt can’t dismiss for FNC sua sponte.
• motion of any non-P party, the court finds that the interests of substantial justice [convenience] require an action to be heard in the court of some other state (or foreign country), the court may stay or dismiss the action in whole or in part on any conditions that may be just.”

Question 3

Exceptions to Supreme court’s General Jurisdiction:

Answer 3

• cases where federal law confers exclusive jurisdiction in fed courts (bankruptcy, patents, copyright)
• claims for money damages in tort or K against the state of New York CAN ONLY BE BROUGHT IN THE COURT OF CLAIMS [but note: the only D that can be sued in the ct. of claims is the State. State employees, counties, cities, towns, and other subdivisions must be sued in the supreme court]

Question 4

The Supreme Court has EXCLUSIVE SMJ over:

Answer 4

• matrimonial actions where the ct is asked to adjudicate marital status (divorce, separation, annulment)
• CPLR Article 78 Proceedings
• Declaratory judgment action (judicial declaration of the rights and obligations of the parties to an actual controversy before one of them engages in conduct that could cause liability