CPLR through SOL

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CPLR through SOL
2014-07-01 20:40:31
bar nycplr
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  1. NY Trial Courts: Supreme Court: what is its subject matter jurisdiction?
    - only state trial court with general original jurisdiction

    • - exclusive original jurisdiction over:
    • ~ matrimonial actions (i.e. divorce, separation, annulment)
    • ~ art. 78 actions (Actions to challenge the action or inaction of gov't officials and agencies)
    • ~ declaratory judgments

    - concurrent jurisdiction with almost everything else

    • - lacks jurisdiction:
    • ~ to hear claims against the state
    • ~ of exclusively federal matters
  2. NY Trial Courts: Supreme Court: Where do appeals go?
    - Appellate Division of the Supreme Court --> NY Court of Appeals (highest appeals court of New York)
  3. NY Trial Courts: county courts: what is its subject matter jurisdiction?
    - limited original jurisdiction:

    ~ civil actions for money damages of $25,000 or less in controversy AND at the commencement of the action, each D resides in the county, or has a business office in the county and the claims arose in the county

    ~ real property actions that involve land located w/in the county

    ~ incompetency proceedings involving a county resident

    ~ enforcement of a judgment obtained in another county
  4. NY Trial Courts: country court: where do appeals go?
    Two separate places:

    - if within 2nd department of the supreme court, go to the Appellate Terms of the Supreme Court

    - the rest go to the Appellate Division of the Supreme Court
  5. NY Trial Courts: NYC Cvil Courts: where does it sit, what does it hear, and what is its subject matter jurisdiction?
    - each of the 5 boroughs

    - only civil matters

    • - original jurisdiction of:
    • ~ cases with amount in controversy (including value of property) is $25,000 or less
    • ~ actions to acquire money
    • ~ replevin actions
    • ~ declaratory judgment actions
    • ~ rescission and reformation of contract
    • ~ judgments for rent (regardless of the amount due
    • ~ summary eviction proceedings
  6. NY Trial Courts: NYC Cvil Courts: where do appeals go?
    Appellate Terms of the Supreme Court
  7. NY Trial Courts: Family Court: where does it sit and what is its subject matter jurisdiction?
    - each county of the state

    • - actions involving child and spousal support
    • - child custody and visitation

    etc. (except separation, divorce, annulment, which is NY Supreme Court)
  8. NY Trial Courts: Family Court: where do appeals go?
    Appellate Division
  9. NY Trial Courts: Court of Claims: what is its jurisdiction?
    - limited, exclusive original jurisdiction over contract and tort actions agains the State of New York, including state agencies
  10. what is the highest court of NYS?
    New York Court of Appeals
  11. NY Appellate Courts: New York Court of Appeals: review is limited to what kind of matters?
    civil matters of law
  12. NY Appellate Courts: Appellate Divisions of Supreme Court: which appeals does it hear? what original jurisdiction does it have?
    appeals: From Supreme Court, a county court, surrogate's court, family court, or the court of claims

    original jurisdiction: attorney supervision and discipline; some other limited areas
  13. NY Appellate Courts: Appellate Terms of the Supreme Court: what appeals does it hear?
    • - NYC Civil Court
    • - appeal from district court, city court, justice court, or country court that's in the second department
  14. NY Appellate Courts: County courts: TRUE or FALSE- county courts have both original, trial-level jurisdiction and appellate jurisdiction over appeals?
    TRUE. It has appellate jurisdiction over appleas from decisions by a district court, city court, or justice court in Third and Fourth judicial departments
  15. Objection to a court's subject matter jurisdiction can be presented ____, even on ____ and can never be _____ by the parties
    - at any time

    - appeal

    - waived
  16. subject matter jurisdiction: trial courts can only exercise jurisdiction granted to them by ____ with one exception:
    - state statute

    - supreme court, which has general jurisdiction flowing from state constitution; so it cannot be restricted by the legislature
  17. subject matter jurisdiction: removal to another NYS court: where to file removal motion due to mistake in choice of court and under what grounds?
    - supreme court

    - terms that are just
  18. subject matter jurisdiction: removal to another NYS court: when does removal to a higher court occur? a lower court?
    -when a case is originally brought in a court with proper jurisdiction, but after it is initiated, the court lacks jurisdiction to grant the parties relief.

    - when the amount of damages sustained are less than demanded, and the lower court would have had jurisdiction but for the amount originally demanded AND lower court has consent of all parties OR based on a appellate division rule
  19. waiver of the right to a jury trial is ____ after removal

    • [so can have right to jury trial after removed]
  20. subject matter jurisdiction: removal to another NYS court: to surrogate's court; from county court
    -To surrogate's court, if the action affects a decedent's estate that is within the jurisdiction of the surrogate's court 

    -From county court, when the county judge is incapable of acting
  21. make sure a case fulfills both _________ and__________ requirements in order for there to be personal jurisdiction
    - statutory

    - federal constitutional
  22. statutes of limitations: five-question approach
    • 1. What is the time period specified in the statue of limitations for bringing that cause of action?
    • 2. When does the time period start to run?
    • 3. When was the action commenced?
    • 4. Are there exceptions or special rules like tolling?
    • 5. Was the defense timely raised?
  23. SOL: when can period be shortened?
    - written agreement of the parties

    - if sale of goods: may reduce to no less that one year and parties may not extend the period
  24. SOL: when can the period be extended?
    • - in writing which has been signed by the party against whom extension is sought
    • - only if extension was agreed to after the accrual date of the cause of action
    • - need not be supported by consideration
    • - treated as having commenced anew at the date of the agreement
    • - a court may not extend the period of limitations
  25. SOL: waiver and estoppel rule
    • - a party waives SOL by failing to timely raise it
    • - parties may agree to waive it
    • - estoppel: A D who lies to P may be estopped from relying on the statute of limitations
  26. SOL: accrual of an action rule
    timeliness of an action is measured from the date of accrual, which is usu the date upon which the right to sue first exists

    the actual day the injury occurs is excluded, so the clock begins the next day
  27. SOL: accrual of an action: contract
    accrues on the day of the breach

    -construction: typically the day of the completion of the contract

    - sale of goods: when breach occurs, regardless of the injured party's knowledge of the breach

    - breach of warranty: when delivery is made by the seller
  28. SOL: accrual of an action: tort
    day of the injury:

    - negligence: when P is injured, even if P is unaware of the injury

    - medical malpractice: day that the malpractice occurred, except for continuous treatment, which begins after the last treatment

    • - other professional malpractice: 
    • ~ if personal inury- on date of personal injury
    • ~ if property damages- on performance of the work

    • - strict products liability:
    • ~accrues on the date of the injury