Ny Civil Practice

Front 1

Jurisdiction of Supreme Ct

Back 1

The Court of origional juris
All claims may be brought
Except claims against city of NY

Front 2

Exclusive Juris of NY Sup Ct

Back 2

1. Matrimonial Cases
2. CPLR Art 78 Proceedings
3. Declaritory Judgment
a. must be actual controvercy

Front 3

County Ct Juris

Back 3

1. Money under
A. 25K for entire complaint
B. All D' must reside ior have office in the county and action must have arrisen in the county
2. Local real estate actions if property located in county.
3. Other - incompetancy, repleven of chattel
Counter claims can be unlimited amount

Front 4

Civil Ct of City of NYC

Back 4

Less than 25K
1. Action to recover money only...but only for each cause of action.
2. Summary proceedings to recover property (landlord-tenant) (equitable and law)
3. Equitable suits
Particiton of real estate less than or eq to 25K
Foreclosure of a Mortgage or Lien on Property where AMOUNT DUE is less than 25K.
3. Foreclosure of Mechanic's lien less than 25K.
4. Action to reform or recind a K for sale of a deetitle to real property as long as K is less than 25K.
5. Action to reform or recind a mortgage where proprety is $25K or less
6. Action to determine title to real property less than 25K
7. Action for ejectment where assessed value is less thank 25K.
Jurisdiction - juris is throughout the city. Service can be made throughout the state, or even outside the state in the same matter as other courts.

Front 5

District Courts (Nasau and Suffolk) Jurisdiction

Back 5

Money Actions where amount demanded is less than $15K
-Counterclaims unlimited
-Summary Proceedings L+T
-Unlimited rent recovery
Territory
-Process is countywide
-Longarm gives countrywide PJ for acts in the juris
Small Claims
5K limit and counterclaims must be less then 5K.

Front 6

City Courts description

Back 6

No true monitary amount, but generally less than 15K.
Summar Proceedings, Equity and Small Claims
-Summary is unlimited as to rent. No Equity, but can establish a mechanic's lien on local property where debt less than 15K.
Territory - same as the others.

Front 7

Justice Courts

Back 7

Exist in towns.
A. 3 K limit
Unlimited juris for rent (common theme)

Front 8

Small claims court

Back 8

Exist in the civil ct of the city of new york, dist courts and other city and justice courts.
3k limit. Officer or director can rep corporation.

Front 9

Family Court

Back 9

All aspects of marital life except martrimonial actions (separation, annulment or disolution of a mariage)
Concurent juris with surrogates court for adoption.

Front 10

Surrogate's Ct

Back 10

Juris over:
1. Matters related to affairs of decedent
2. Guardianship of minors
3. Adoptions (concurent w/ fam ct.)
4. Will and probate (theoretical concurance of juris, but it is here that they are really handled.)
*Juris over decedent's estate encompasses an eviction proceeding brought by the executor to oust tenants. But does not include an action AGAINST the executor for wrongful or malicious prosecution.

Front 11

Court of Claims

Back 11

Exclusive juris over Tort and K claims against the STATE.
WIll hear inpleader, but can't bring in third party's.
Example - P injured by State and COunty Actors. P sues County in SUp Ct and P sues state in Ct of Claims.

Front 12

Applicability of CPLR in various courts.

Back 12

1. Only Sup Ct and and County courts is unaltered.
2. All other cts are superceeded by some statute.

Front 13

Situations waranting transfer. (3)

Back 13

1. Origional suit lacked SMJ
2. Origional suit had SMJ, but subsequent events made a different juris better.
3. SMJ is proper, but a ct of lesser juris also has SMJ.

Front 14

Rules for Removal Upward, Downward

Back 14

1. SMJ improper req. motion to SUp Ct.
2. SMJ was proper, but sub events make another ct a better forum to get full relief. Make a motion to the transferee ct.
3. DOWNWARD - Either concent needed from non-moving party OR releif calander conjestion.