barbri_outline_-_ny_(2005)_-_ny_practice

barbri_outline_-_ny_(2005)_-_ny_practice - NY PRACTICE I....

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NY Practice 1 NY P RACTICE I. Subject Matter Jurisdiction the power of court to adjudicate particular types of claims A. Competence 1. Supreme Court (SC) – the only court that has general (can hear anything), original subject matter jurisdiction a. Branch per county – the particular county is a question of venue b. If any one of the Supreme Court has jurisdiction, they all do 2. SC – the only court in NY with full equity jurisdiction & unlimited monetary jurisdiction Other civil courts have limited monetary jux. 3. Non-residency of the parties in NY & the lack of relationship of the claim to NY do not deprive the court of jurisdiction – BUT, the court has discretion, upon D’s motion, to dismiss an action because of forum non conveniens ( the power of court, upon D’s motio n, to dismiss an action because convenience require that the action be heard in a different state ) B. Exceptions to Supreme Court’s General Jurisdiction 1. Federal law confers exclusive jurisdiction on federal courts – (i) bankruptcy; (ii) patents; (iii) copyrights 2. Claims for money damages in tort or contract against the State of NY (not government subdivisions like Counties, Cities, School Districts)– those cases must be brought in the NY Court of Claims (if there are 2 Ds, one of which is the State of NY, you might have to bring case in 2 courts) C. The Supreme Court has Exclusive Subject Matter Jurisdiction Over: 1. Matrimonial actions (divorce, separation annulments) 2. CPLR Article 78 proceedings – judicial review of administrative actions 3. Declaratory judgment actions ( 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) D. Other Courts – other courts are characterized by limited monetary jurisdiction (not covered in BAR) E. Appeals process: Supreme Court Appellate Division NY Court of Appeals II. Statute of Limitations (S/L) fixed period of time within which a lawsuit must be commence d A. General Concepts 1. S/L – affirmative defense, must be raised by D; begins to run when the cause of action accrues , meaning, when the injury occurs a. Personal injury & property damage – general rule is date of injury (not discovery of the injury) b. Breach of contract – general rule is date of the breach (not discovery of the breach) c. NOTE: the S/L for an infant’s injury in utero begins to run from date of birth 2. Satisfying S/L – action must be commenced no later than the last day of the prescribed period of limitations: a. Supreme & County Courts – process (summons & complaint, or summons with notice) must be filed on or before the last day of S/L b. A ll other courts – process must be served on D on or before the last day 3. Computation of S/L (& any other time period in the CPLR) – exclude the day upon which the triggering event occurs & begin counting the next day (or business day). Accident June 1, 2000. Last day for commencing is June 1, 2003 for SOL.
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This note was uploaded on 09/22/2011 for the course LAW LAW taught by Professor Concordia during the Spring '11 term at Concordia AB.

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barbri_outline_-_ny_(2005)_-_ny_practice - NY PRACTICE I....

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