Select Page

New York Practice
SUNY Buffalo Law School
Gresens, James W.

NY Practice
 
New York Courts, Transfers and Forum Non-Conviens
 
5.         Jurisdiction
Appeals go to the appellate division
Personal – power to bind the individual; get it under jurisdiction of the court through subpoena
Use it or lose it – objection to PJ is lost if you don’t make it the first opportunity
Can the court exercise its jurisdiction over a certain person?
The most easily waived objection
Granted by the NYS Legislature and the Constitution
Subject matter – when a particular court has been vested with authority to decide this kind of dispute (Is the court COMPETENT?)
Never waived.
 
6.         General v. limited jurisdiction
General courts – Supreme Court of NY
Limited courts – Surrogates, Family, Court of Claims; Federal court (diversity of citizenship and federal question claims)
 
7.         Courts and their jurisdiction (See Diagram on Siegel p. 14)
 
8.         CPLR organization and application
Governs all civil disputes in NY
If a court Act has addressed a specific subject and its procedure, that Act takes precedence over the CPLR
 
9.         Uniform Rules for Individual Assignment System (IAS)
Not a part of the CPLR but are adjunct to it
Once you get assigned to a judge, you keep that judge for the duration of the case
 
10.       Court acts
Article 2 sets subject matter jurisdiction.
Uniform Rules for each.
 
11.       Subject matter jurisdiction of various courts.
In courts of limited jurisdiction courts, ask:
                        1. What is the scope of process?
                        2. What is the monetary limit?
                        3. Must the plaintiff be a resident of the city?
                        4. What court do you appeal to?
                        5. Is the subject matter restricted?
 
12.       Liberal construction – CPLR 104, 2001, 2004 & 2005
These three §§ say that if you make mistake, the court has the ability to allow you to correct it so long as there has not been prejudice to an opposing party.
CPLR 104 – the CPLR shall be liberally construed to secure the just, speedy and inexpensive determination of every civil judicial proceeding.
CPLR 2001 – Mistakes, omissions, defects & irregularities – at any stage of an action, the court may permit any of the above to be corrected, upon such terms as may be just, or, if a substantial right of a party is not prejudiced, the above shall be disregarded. ALSO, a party may correct a filing mistake, including failing to pay for an index number.
CPLR 2004 – Time extensions – except as otherwise stated, the court may extend the time fixed by any statute upon such terms as may be just and upon good cause shown, whether the application for extension is made before or after the expiration of the time fixed.
CPLR 2005 – Excusable delay or default – Upon an application satisfying 2012(d) or 5015(a), the court shall not be precluded from exercising its discretion in the interests of justice to excuse delay or default resulting from law office failure.
 
13.       Transfers between courts – CPLR 325 – Grounds for Removal
Up (from City court to Supreme Court)
Make the motion in the court where you want to go with an amended complaint (citing greater injuries, etc.)
Down (to court of lesser jurisdiction)
With or without consent
If without consent, the city court can grant you any kind of monetary relief you receive (complete jurisdiction

gating in NY unless certain requirements are satisfied. 
An action or special proceeding against a foreign corporation may be maintained by a resident of this state or by a domestic corporation of any type or kind for any cause of action. (b) Except as otherwise provided in this article, an action or special proceeding against a foreign corporation may be maintained by another foreign corporation of any type or kind or by a non-resident in the following cases only:
(1)Where it is brought to recover damages for the breach of a contract made or to be performed within this state, or relating to property situated within this state at the time of the making of the contract.
(2) Where the subject matter of the litigation is situated within this state.
(3) Where the cause of action arose within this state, except where the object of the action or special proceeding is to affect the title of real property situated outside this state.
(4) Where, in any case not included in the preceding subparagraphs, a non-domiciliary would be subject to the personal jurisdiction of the courts of this state under CPLR 302
(5) Where the defendant is a foreign corporation doing business or authorized to do business in this state.
(c) Paragraph (b) does not apply to a corporation which was formed under the laws of the United States and which maintains an office in this state.