New York Practice
Professor Alexander
I. Subject Matter Jurisdiction: The courts power to hear a particular type of case
*lack of subject matter jurisdiction is fatal to a case, the objection can be raised at any time, it is not subject to waiver
*the power of the court to hear a case is derived from the state constitution, Article VI, the parties cannot change the courts power by agreement
A. Supreme Court
*NYS Constitution Article 6 § 7: The supreme court shall have general jurisdiction in law and equity
*supreme courts can hear every case at trial level, doesn’t matter where the parties are from or where the cause of action arose
*§7 (a) granted the supreme court general jurisdiction over all cases where it existed before, this was at the time the state courts were created so it meant those causes of action that existed in the English common law
*§7 (b) granted the supreme court general jurisdiction over all new classes of actions as they are created, this was passed in 1962 and has been interpreted to mean any new action created since the creation of the courts
*Limitations on supreme court jurisdiction
*if Congress or the Constitution gives federal court exclusive jurisdiction. For example, disputes between states, copyrights and patents
*if a person is suing NY state in tort or contract, supreme court has no jurisdiction, NY has waived its sovereign immunity only if the case is brought in the court of claims
* Supreme Court Appellate Term: permitted by state constitution, created to ease the burden on the appellate division. These courts can hear appeals from city courts, district courts, county court, NYC civil court. Only the 1st and 2nd dep’t have established these.
* CPLR 325:
* the supreme court may remove that action to the proper court if it is brought in the wrong court by mistake
* if an action is brought in a court of limited jurisdiction in the wrong court a court having jurisdiction may remove the action to itself by motion
* where a lower court would have jurisdiction because the amount of damages demanded was excessive, the court where it is pending can remove it upon reduction of the damages demanded upon consent of all parties
* where a lower court would have jurisdiction because the amount of damages demanded seems excessive, the court can remove it to a lower court without consent, but the damages limits of the court where the action was originally commenced
B. Other Civil Courts: limited jurisdiction, usually based on monetary limits, the monetary limits do not apply to counter claims. Each of the lower courts has
its own procedure act, CPLR fills in any gaps
1. County Court: monetary maximum of $25,000 + residency requirement, the defendant must reside in the county
*The residency requirement is actually an aspect of personal jurisdiction, it is waivable
*residency requirement applies only to monetary actions, (not equity?)
2. New York City Civil Court: monetary maximum of $25,000
3. City Court: monetary maximum of $15,000
4. District Court of Nassau/Suffolk: monetary maximum of $15,000
5. Justice Court: monetary maximum of $3,000, this limit does apply to counter claims
6. Small Claims: part of the city, NYC Civil, district, and justice courts, monetary maximum of $3,000
7. Family Court: domestic matters except matrimonial
8. Surrogates Court: decedents, estates, adoptions
9. Court of Claims: money damages for tort or contract claims against the state of NY—exclusive jurisdiction
*state officers will be sued in court of claims only when the state is the real party in interest
*arise from actions in the official capacity
*involves rights asserted against the state solely
*state may counter claim
*any other action brought, including any additional parties, must be brought elsewhere
II. Personal Jurisdiction: The power of the court over the person/property
A. Natural Persons
*CPLR 301 carries forward all common law bases of jurisdiction
*presence: served while in NY
*consent: forum selection clause, appoint an agent for service in NY. Choice of law clause alone is not enough.
*domicile: a domiciliary is subject to general jurisdiction of NY, can be served anywhere. To be a domiciliary you must have a physical residence and an intention to make NY your permanent home for the foreseeable future
* CPLR 1501: where named defendants have a joint obligation, contract or liability and not all of them are served, the plaintiff may proceed against those who were served and judgment may be taken against all defendants (but only as against joint property of the defendants not served)
* CPLR 1502: a subsequent action may be brought against a co-obligor not served in the first action to levy a judgment against their personal property
* CPLR 5201 (b): a money judgment entered upon a joint liability of two or more persons may be enforced against individual property of those persons summoned and joint property of such persons with any other persons against whom the judgment is entered
* CPLR 313: if court has jurisdiction over you because of domicile, consent, or long arm, you can be served outside of the state by any method that could have been made within the state
B. Business Entities
1. Partnerships CPLR 1025
*service on a partner present in New York creates jurisdiction over the partnership as well as over the partner served
*on the summons/complaint name the partnership in its own name
2. Unincorporated Association CPLR 1025
*sue the president and/or treasurer on behalf of the association
*service on the president or treasurer in New York creates jurisdiction over the association
3. Corporation: the corporation is an entity itself, jurisdiction is based on same grounds a
vity and the cause of action
* the forseeability of goods ending up in NY does not mean that you supplied goods in the state, you must deliver them there
*commits a tortious act within the state, EXCEPT defamation
* in a products liability action the tortuous act occurred at the manufacture, not at the injury
*commits a tortious act without the state causing injury within the state, AND
*regularly does or solicits business, engaged in persistent course of conduct, or derives substantial revenue from goods used or consumed or services rendered in the state, OR
* expects the act to have consequences in the state and derives substantial revenue from interstate commerce
* there must be a direct injury in NY, for example if your injury is loss of sales generally the injury is not in NY, but if the injury is loss of sales to NY customers it is
* a claim arising from defendants ownership, use, possession or real property located in NY
D. In Rem Jurisdiction—CPLR 314 (2)
* property, real or personal, in NY gives courts power over the property
* defendant may be served outside of NY
* plaintiff must have a preexisting claim/interest in the property, the subject of the action is the property itself
* in rem jurisdiction is limited to the property itself
E. Quasi In Rem Jurisdiction—CPLR 314 (3)
* plaintiff attaches property in NY as a basis for asserting a money claim up to the value of the attached property
* property is not the subject of the action, plaintiff has no preexisting interest in the property
* you must satisfy due process, the fortuitous presence of property in NY alone is not enough
F. Jurisdiction in a Matrimonial Action—divorce, annulment, separation, declaratory judgment on validity of marriage
*Supreme Court has exclusive subject matter jurisdiction over matrimonial actions
*Personal jurisdiction over a nonresident defendant is based on in rem jurisdiction (the interest in the marital status is the res), if the plaintiff is domiciled in NY, the court has in rem jurisdiction over the defendant
* the basis for jurisdiction ends with the death of either spouse
* Durational Residency Requirement—DRL § 230
*applies to annulment, declare the nullity of a void marriage, divorce, separation. Does not apply to child support or maintenance.
