Tova's New York Practice Notes

Tova's New York Practice Notes - New York Practice...

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New York Practice Professor Lipshie – (212)806-5647 BLipshie@stroock.com Thursdays, he’ll be here before class (3 rd floor lounge) 25-30 pages ahead each week CPLR Difference between a section and a rule? Nothing. Sections – it used to be – were to be amended by the Legislature (if at all). Those labeled rules, would be amended by judges, if at all. The Legislature didn’t want to give away its power to change rules, so now there’s no difference. Comparing it with the Federal Rules of Civil Procedure? It’s a fairly simple set of rules. There are 80 of them, and they’re not confusing. The CPLR is much more convoluted, and it covers more things. NY doesn’t have an evidence code (nothing like the Federal Rules of Evidence) so it’s all stuck in the CPLR – like how many peremptory challenges you get, and rules about hearsay and privileges. Case law is much more important here. Subject matter will flow – first, things you’ll think once the client leaves your office. Where will you sue? (Jurisdiction, venue, forum non conveniens). How do you get it started? (Service of process). And what about statute of limitations? If there’s a doubt that the obvious claim is not timely, what other claims do I have? Who am I going to sue? (The proper parties). What are the rules with respect to pleadings? Motion practice? Need to think about the NY court structure. How important is each court that gives an opinion? It’s harder in state court than in federal court to figure out. In NY there’s the Supreme Court of the state of NY. It’s not the highest court – in fact, it’s a trial court. It’s the highest trial court, though. It’s a court of general jurisdiction. It can do anything – award however many dollars, and can work in equity. Can give legal and equitable relief. If the legislature creates a cause of action and says it’s exclusively within jurisdiction of the Surrogate’s court, the Supreme Court will also have jurisdiction. In every county except for the 5 counties that make up the city of NY, there are county courts. There are 63. Are also the Civil courts of the city of NY – limited jurisdiction, in terms of dollars, and can’t give equitable relief. Current maximum is $25,000. Nassau and Suffolk county (and only them) have District court. Each county has a Surrogate’s court (deals with dead people). Every county has a family court. (Deals with family issues). Have city courts, town, village, justice of the peace courts, etc. They all have limited J in one way or another. We also have the court of claims. It’s the only court as to which Supreme Court doesn’t have coordinate J. can only bring an action for money damages against he state of NY or one of its agencies. A case against the state for money damages CANNOT be brought in Supreme Court. We have tons of Supreme Courts too. The appellate Term. It’s an adjunct of Sup.
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This note was uploaded on 02/14/2008 for the course LAW 7760 taught by Professor Bortnick during the Spring '04 term at Yeshiva.

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Tova's New York Practice Notes - New York Practice...

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