Subject Matter Jurisdiction & Statute of Limitations

Question 1

What is the only trial court in NY that has general (all purpose) subject matter jurisdiction?

Answer 1

Supreme Court

Question 2

NY Supreme Court’s subject matter jurisdiction is general and therefore unlimited as regards: (4 things)
(personal jurisdiction is a separate and additional req)

Answer 2

1. monetary amount
2. ability to assert equity claims
3. residency of the parties
4. place where the claim/cause of action arose

Question 3

Michael Scott leaves Dunder Mifflin to work for PA competitor. Does NY SuperemeCourt have jurisdiction to: 1. Award Damages? 2. Injunction against Michael? 3. Does PA-only issue = problem for subject matter jurisdiction?

Answer 3

1. Yes.
2. Yes, NYSCT has equity jurisdiction
3. Subject matter is fine, it’s all purpose. Personal jurisdiction is a separate issue.

Question 4

Forum Non Conveniens reqs who to make motion and what standard?

Answer 4

Court has discretion to dismiss case on these grounds when the case LACKS A SUBSTANTIAL NEXIS TO NY. Requires motion by defendant.

Question 5

Exceptions to NY S Ct subject matter jurisdiction? (2 of them)

Answer 5

1. cases where fed ct has excl jur (bankruptcy, patent, copyright)
2. monetary suit against State of NY

Question 6

Car accident w/ STATE cop driving cop car. Can you sue both with joint action (state and person)? What if it’s a county or city cop?

Answer 6

No, separate suits req’d for state cop.

1. must sue state in ct of claims
2. sue individual in NY S Ct

Can combine cases for cop of county/city (govt subdivisions)

Question 7

Three areas where NY S Ct has exclusive subject matter jurisdiction:

Answer 7

1. marital action
2. CPLR Art 78 proceeding challenging state/ local govt administrative action (not $ damages, which are ct of claims)
3. declaratory judgment action (before actual harm begins)

Question 8

NY State court hierarchy (high to low)

Answer 8

NY Ct of Appeals (highest)
NY appellate division
NY supreme ct.

Question 9

Which party raises stat of limitations issue?

Answer 9

Defendant – it’s an AFFIRMATIVE DEFENSE

Question 10

When does stat of lim begin to run (accrue)? From date P discovers injury?

Answer 10

When the injury first occurs (e.g., 1. personal injury (3 yr) = date of bodily impact; 2. breach of contract (6 yr) = on date of the breach). Does NOT use date of discovery – clock starts at time of breach/injury.

Question 11

Suit must be commenced by no later than the _____ day of the prescribed period of lim? Commencement means?

Answer 11

Last day of period. Commenced when SUMMONS AND COMPLAINT or SUMMONS WITH NOTICE filed with court.

Question 12

To compute stat of lim, start on?

Answer 12

Day AFTER breach occurs. E.g., punched on Thursday the 1st, start counting on Fri the 2nd. Last day to commence case = the 1st 3 yrs later

Question 13

If last day of stat of lim is weekend or holiday, what’s the last day to commence?

Answer 13

You have until COB on next business day to file.

Question 14

Stat of lim for 1. personal injury? 2. breach of K (comm law) 3. beach of UCC K 4. action by victim against convicted criminal? 5. Rape victim? 6. Wrongful death? 7. Art 78 proceeedings 8. recover realty? 9. state enforcing an action on judgment?

Answer 14

1. pers inj = 3 yrs
2. breach of K = 6 yrs
3. UCC = 4 yrs
4. against criminal = 7 yrs
5. rape = 5 yrs
6. wrongful death = 2 yrs
7. Art 78 proceeedings = 4 months
8. realty = 10 years
9. state = 20 yrs

Question 15

Medical malpractice: 1. stat of lim? 2. How do you get around?

Answer 15

1. 2.5 YEARS S/L dated from date of malpractice (discovery date = irrelevant). 2. Sue hospital for negligent hiring by hospital = 3 yrs.

Question 16

Exceptions to 2.5 yr medical malpractice statute of limitations? (2 exceptions)

Answer 16

1. continuous treatment rule: if Dr. keeps treating for SAME malady, P gets 2.5 yrs from end of continuous treatment for the malady that gave rise to treatment.
2. foreign object rule: if Dr. leaves foreign object in patient, P gets the LONGER of 2.5 years from surgery or 1 year from discovery or date where you should’ve discovered it (doesn’t count for intentionally left items: pins, staples, fake hip).

Question 17

Non-medical professional malpractice stat of lim? Have to be part of “learned profession” = advanced degree + licensed. For malpractice breach of K? For tort malpractice? When does the clock start?
When does the clock start if there’s physical injury?

Answer 17

3 yrs whether tort or breach of K (supersedes 6 yr breach of K rule). the clock starts on date professional completed the work. If suit for physical injury, S/L clock starts ticking from date of injury, not delayed until completion of work.

Question 18

For injury suit against architect/engineer more than 10 years after completion of building, what is S/L? How far in advance does P serve notice/get discovery? Burden of proof if D moves for sum judgmt is on __ to prove __?

Answer 18

1. 10 yr S/L
2. serve notice 90 days before suit & can start discovery then
3. when D moves for summ judgment, burden is on P to make immediate showing of “substantial basis” to believe D’s negligence was proximate cause of injuries.

Question 19

For claim against municipal tort liability? Supersedes other tort S/Ls? “Notice of Claim” prerequisite for municipal tort suit?

Answer 19

1 year and 90 days. It supersedes all other rules.
2. Must give notice of claim within 90 days of incident. Still 1 year 90 days to sue. Can’t commence suit w/in 30 days after giving notice of claim.

Question 20

Product liability has 3 possible causes of action. Name them and their S/Ls

Answer 20

1. Negligence = 3 yrs from date of injury against all D’s in chain of distribution.
2. Strict products liability = 3 yrs from date of injury against all D’s in chain of distr.
3. breach of warranty = governed by UCC = 4 years from date at which each individual D made its delivery of the product to next person in distribution chain (because that’s the time D breached its particular warranty)

Question 21

Indemnity and contribution claims have S/L of how long? What date do you start the clock?

Answer 21

Six year S/L for indemnity and contribution.

Clock runs from date of payment of the judgment for which indemnity or contribution is sought.

Question 22

S/L for exposure to toxic substances? Does it apply to claims of medical malpractice?

Answer 22

Three years from the EARLIER of (A) discovery of the injury (i.e., awareness of symptoms); or (B) date when injury should’ve been discovered with reasonable diligence. Does NOT apply to medical malpractice.

Question 23

1. Tolling for D’s absence from NY: When does clock start on S/L?
2. What if he’s in NY when cause of action accrues, but then leaves and is gone for at least 4 months?
3. Exception to tolling when P has ___________?

Answer 23

1. If Δ is not in NY when cause of action accrues, S/L does not begin to run until Δ comes to NY.
2. If gone from NY continuously for 4 months, we don’t count that time at all toward S/L.
3. Exception if P has personal jurisdiction over D such that process can be served on D outside of NY (e.g., if long-arm jurisdiction over D).

Question 24

1. Tolling for P’s infancy or insanity: How does tolling work?
2. How long do you have to sue w/r/t end of deficiency? (over v under 3 yr S/L normally)
3. 10 yr outside limit? (2 instances)

Answer 24

1. If you’re infant or insane, S/L tolls until infancy/deficiency ends.
2. 1. If normal S/L > 3 yrs, you have the longer of A. Regular S/L for your CoA, or B. 3 yrs from end of disability/infancy.
3. 2. If S/L normally

Question 25

Toll for death when P dies:

1. Survival Claim def and S/L
2. Wrongful Death claim def and S/L

Answer 25

1. Survival Claim = any claim P could bring if he were alive (e.g., pain and suffering). Survivor gets longer of A. original S/L or B. death + 1 yr.
2. Wrongful Death = Decedents heirs get pecuniary benefit of dead. Heirs get S/L of 2 yrs from death provided decedent had good CoA at his death.

Question 26

If potential D dies while claim against him, what happens to S/L?

Answer 26

18 months added to S/L

Question 27

6-month grace period: how does it work w/r/t S/L?

Answer 27

If a NY action is timely commenced, but is thereafter dismissed before trial, AND at the time of dismissal the S/L has either expired or has less than 6 months remaining, π gets 6 months from date of dismissal to re-file the same action and serve process on same Δ.

Question 28

4 exceptions to 6-month grace period

Answer 28

1. dismissed on merits
2. voluntary discontinuance of suit by P
3. if dismissal was based on P’s neglect to prosecute consisting of general pattern of delay
4. if dismissal was for lack of personal jurisdiction

Question 29

Borrowing Statute: 1. if P is non-resident of NY when out-of-state-claim arose?
2/ if P is NY resident when out-of-state-claim arose?

Answer 29

1. NY ct will apply foreign S/L if it’s shorter than NY. If NY S/L is shorter, NY S/L applies.
2. NY will always apply NY S/L if P is NY resident (even where out of state claim is CoA).

Question 30

S/L for negligence under CPLR?

Answer 30

3 yrs

Question 31

S/L for intentional torts under CPLR?

Answer 31

1 yr

Question 32

How to approach essay dealing with jurisdiction of someone out of state? (3 steps)

Answer 32

1. personal jurisdiction: general or specific
2. subject matter jurisdiction: const or legislative auth or grant relief P seeks
3. method of service on D and filing proper