The New York Court System

Question 1

What is the highest court in the New York Court System?

Answer 1

Court of Appeals

Question 2

What jurisdiction does the Court of Appeals have?

Answer 2

No original jurisdiction; only appellate jurisdiction in criminal and civil cases without regard to the amount in controversy

Generally limited to questions of law

Question 3

Stare Decisis and Precedent

Answer 3

Trial courts are required to follow the decision of the Appellate Division until the Court of Appeals / Appellate announces a contrary rule

Question 4

Appellate Terms of the First Division of Appellate Courts

Answer 4

Appeals from the Civil Court of NY

Question 5

Appellate Terms of the Second Division Appellate Courts

Answer 5

Appeals from the Civil of NY, district, city, town, and village courts

Question 6

Supreme Court General Original Jurisdiction

Answer 6

All cases in law and equity without monetary limitation unless its jurisdiction has been specifically proscribed - can be concurrent

All criminal proceedings - in practice the only criminal jurisdiction it exercises is over felonies in NY City, Domestic Violence, or Domestic Violence Parts anywhere in NY

Question 7

Supreme Court Exclusive Subject Matter Jurisdiction

Answer 7

Matrimonial Actions and Wrongful death claims

Question 8

What claims the Commercial Division of Supreme Court handle?

Answer 8

Claims meeting a minimum monetary threshold and involving a multitude of commercial disputes

Question 9

Court of Claims Jurisdiction Exclusive Jurisdiction

Answer 9

Tort and contract claims against the state of NY

Question 10

Court of Claims does not exercise jurisdiction over what cases?

Answer 10

Equitable jurisdiction, Non-state actors, and does not permit jury trials

Question 11

Where do County Courts exist?

Answer 11

All counties outside of New York City

Question 12

What is the jurisdiction of a County Court? (Requirements)

Answer 12

Actions and proceedings to recovery money where (I) the amount sought to be recovered does not exceed $25,000 and (2) one of the following applies:

(a) every defendant resides in the county,

(b) a defendant has an office for transaction of business within the county and the cause of action arose in the county, or

(c) the defendant is a foreign corporation doing business within the county and the cause of action arose in the county.

Question 13

What is the jurisdiction of a County Court? (Actions Regarding Real Property located within the county)

Answer 13

Without regard to dollar amounts or contacts of defendants to the county, including summary proceedings for eviction and actions and proceedings:

1. Partition of real property
2. Forclosure of a Mortgage
3. Specific Performance of a contract
4. Enforcement or forclosure of a mechanic’s lien
5. For reformation or recision of a deed, contract or mortgage; and
6. to compel the determination of a claim to real property

Question 14

What is the jurisdiction of a County Court? (Guardianship and Criminal Proceedings)

Answer 14

Guardianship proceedings under Article 81 of the Mental Hygiene Law (§ 81.04)

All criminal matters but primarily hear felonies

Question 15

What is the jurisdiction of a Surrogate’s Court? (Real Property)

Answer 15

Surrogate’s Court has jurisdiction over all proceedings relating to the probate of wills, administration of estates, lifetime trusts, and guardianship of the property of minors.

Question 16

What is the jurisdiction of a Surrogate’s Court? (Adoptions)

Answer 16

Concurrent jurisdiction with Family Court over adoptions

Question 17

What is the jurisdiction of a Surrogate’s Court? (Wrongful Death)

Answer 17

Although a wrongful death action may not be brought in Surrogate’s Court, Surrogate’s Court has concurrent jurisdiction over the allocation and distribution of the proceeds of a wrongful death action (EPTL 5-4.4 [a] [l]).

Question 18

What is the jurisdiction of the Family Court?

Answer 18

Family Court has jurisdiction over child abuse and neglect proceedings, proceedings to determine paternity, proceedings for the permanent termination of parental rights, person-in-need- of-supervision (PINS) proceedings, family offense proceedings (concurrent and simultaneous with the criminal courts), juvenile delinquency proceedings (See Matrimonial and Family Law, VIII.), adoptions, and dependent support proceedings.

Question 19

What are the limitations of the Family Court Jurisdiction?

Answer 19

Family Court Act 411 confers upon Family Court “exclusive original jurisdiction over proceedings for support or maintenance” 1 but its jurisdiction does not extend to proceedings for child or spousal support while an action for divorce is pending (N.Y. Const, art. VI, § 13 [b] [4]; Matter of Roy v Roy, 109 AD2d 150, 152 [3d Dept 1985]).

Question 20

Concurrent Jurisdiction between NY Supreme Court and Family Court

Answer 20

Both Supreme Court and Family Court have concurrent post-divorce jurisdiction and may enforce or modify an underlying support order issued by Supreme Court.

Question 21

New York City Civil Court Jurisdiction (Requirements)

Answer 21

The New York City Civil Court has jurisdiction within the City of New York over actions and proceedings for the recovery of money where the amount sought to be recovered does not exceed $25,000.

Question 22

New York City Civil Court Jurisdiction (Housing Court)

Answer 22

The Civil Court includes the Housing Court, which handles actions and proceedings involving landlords and tenants and housing and building code violations, without regard to any dollar amount, including sununary proceedings for eviction, and various actions and proceedings related to state and local housing standards.

Question 23

New York City Civil Court Jurisdiction (Small Claims Court)

Answer 23

Monetary actions of $5,000 or less with simplified procedures

Question 24

New York City Criminal Court Jurisdiction

Answer 24

Criminal jurisdiction within the City of NY over misdemeanors and violations

Question 25

District (only in Nassau and Suffolk Counties) and City Court Jurisdiction

Answer 25

Jurisdiction over actions and proceedings involving matters within the boundaries of the county or city basically the same as that of the New York City Civil Court, including housing matters, except that any applicable statutory dollar limitation is $15,000

Question 26

Town and Village Jurisdiction

Answer 26

Actions and proceedings for the recovery of money or chattels where the amount sought to be recovered or the value of the property does not exceed $3,000, and over summary proceedings for eviction

Question 27

District, City, Town, and Village Justice Courts (Small claims)

Answer 27

Monetary actions of $5,000 ($3,000 for town and village courts) or less with simplified procedures

Question 28

District, City, Town, and Village Justice Courts (Criminal matters)

Answer 28

Preliminary jurisdiction of all offenses and trial jurisdiction of misdemeanors and violations