Subject Matter Jurisdiction

Question 1

What is the monetary threshold required to get a case into the NY S. Ct.?

Answer 1

There is none - NY S. Ct. has general and unlimited subject matter jurisdiction - the amount of plaintiff’s claim doesn’t matter.

Question 2

Must at least one of the parties reside in NY to have their case heard in the NY S. Ct.?

Answer 2

No - the residence of the parties is irrelevant.

Question 3

When will a case be dismissed on forum non conveniens grounds?

Answer 3

The court has discretion to dismiss a claim on forum non conveniens when the claim has no substantial nexus to NY (even though the court has subject matter jurisdiction).

Question 4

What are the two exceptions to NY S. Ct.’s general and unlimited jurisdiction?

Answer 4

1. Where federal law confers exclusive jurisdiction to the federal courts, and
2. Claims against NYS as the defendant must be brought in the NY Court of Claims.

Question 5

Who is the only defendant that can be brought into the NY Court of Claims?

Answer 5

NYS - and all tort and contract claims against the state must be brought in the NY Court of Claims.

Question 6

Can a NYS employee be a defendant in a case in the NY Court of Claims?

Answer 6

No - only when NYS itself is named as defendant - and exclusively NYS.

Question 7

If a plaintiff has a tort or contract claim against both a NYS employee and NYS - where can she bring the case?

Answer 7

She must bring the claim against the employee in the NY S. Ct. and the case against the state in the NY Court of Claims.

Question 8

What are the three areas over which the NY S. Ct. has exclusive subject matter jurisdiction?

Answer 8

1. Matrimonial actions
2. CPLR Art. 78 proceedings
3. Declaratory judgment actions