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34 Cards in this Set

  • Front
  • Back
Subject Matter Jurisdiction
NY Supreme Court: ONLY trial court with general subject matter jurisdiction
NY Supreme Court's general jurisdiction
Unlimited re:
- Monetary amount
- Ability to assert equity claims (injunctions, spec perf, K rescission, etc)
- Residency of parties
- Place where action arose
** Still require personal jurisdiction
Forum non conveniens
Non-residency of parties in NY & lack of relationship of claim to NY do not deprive Ct of SMJ.

But Ct has discretion to grant motion by D to dismiss for forum non conveniens when action lacks subst'l nexus to NY
Exceptions to Supreme Court's general jurisdiction
1) Cases in which fed cts have exclusive jurisdiction (bankruptcy, copyrights, patents)

2) Tort/K claims for $ damages against State of NY
- State is only D that can be sued in Ct of Claims
Supreme Court's exclusive SMJ
1) Matrimonial action: marital status (divorce, separation, annulment)
2) Article 78 Proceeding: Judicial review of NY State & local gov't administrative action
3) Declaratory judgment action
Courts in NY
Supreme Court (trial)
Appellate Division
Court of Appeals (highest Ct)
Statute of Limitations

- Affirmative defense to be raised by D
Begins to run when action accrues (injury), NOT when injury discovered

- Personal injury/property damage: 3 years from date of injury
- Breach of K: 6 years from date of breach
Computing SOL
Must be commenced (filed w/county clerk) no later than last day of SOL
- Start counting day after injury; include weekends & holidays [anniversary of injury]
- If last day of SOL falls on Sat, Sun or holiday, P has until end of next business day
SOL: Action on judgment
20 years
SOL: Action to recover realty
10 years
SOL: Action by crime victim against convicted D for SERIOUS crime
10 years from date of conviction
SOL: Action by crime victim against convicted D for any crime
7 years from date of crime
SOL: Contracts, express or implied (NOT UCC Article 2)
6 years from date of breach regardless of P's lack of knowledge
SOL: Indemnity & contribution
6 years from date of payment for which indemnity/contribution sought
SOL: Fraud
6 years from fraudulent act
OR
2 years from discovery, actual/imputed (whichever is longer)
SOL: Equity actions
6 years
SOL: Action by victim of rape felony
5 years
SOL: Breach of Contract/Warranty under UCC Article 2
4 years from tender of delivery
SOL: Personal injury based on negligence & strict products liability
3 years from date of injury
No discovery rule except in cases of toxic substances
SOL: Property damage, including conversion & replevin
3 years from date of injury
SOL: Medical Malpractice (including dentists, podiatrists, nurses & hospitals)
2.5 years from date of malpractice
-Exception for continuous treatment (period runs from end of treatment for exact same condition that gave rise to malpractice)
- Exception for "foreign objects" (1 year from discovery or when should have discovered w/reasonable diligence if 2.5 year SOL is insufficient)
SOL: Wrongful death (action by decedent's distributees where D's tort caused death, damages limited to economic losses)
2 years from date of death, but must ALSO show that SOL on underlying personal injury claim for tort hadn't expired on date of death

- If crim proceeding brought against D, executor has optional & independent 1 year period from termination of crim case (regardless of outcome)
SOL: Personal injury & property damage against MUNICIPAL Ds (gov't subdivision of state - county, city, town, etc)
1 year 90 days from date of accident
- P must ALSO show she served notice of claim on municipal D w/in 90 days of accident (Ct has discretion to allow late notice, but not past SOL period)
- Failure to serve notice = grounds for dismissal for failure to state a claim
- P must wait 30 days after service of notice to commence action
SOL: Intentional torts to person (battery, assault, false imprisonment, defamation)
1 year
SOL: Article 78 proceedings (Judicial review of NY State & local gov't administrative action)
4 months
SOL: Professional malpractice (NOT med mal)
3 years from date when services completed (regardless of P's lack of awareness of malpractice)
Special procedures for personal injury actions against architects & engineers when action brought >10 years AFTER building completed
1) P must serve notice of claim at least 90 days before suit
2) P may obtain pre-action discovery from potential D during 90 day waiting period
3) If D moves for SJ after suit commenced, burden on P to make immediate evidentiary showing that there's substantial basis to believe that D's negligence was proximate cause of injuries
SOL: Toxic Substance Case
3 years against manufacturer, distributor or supplier from discovery of injury (P develops symptoms) or when P should have discovered injury w/reasonable diligence
SOL Toll for D's Absence
- If D NOT in NY when cause of action accrues, SOL doesn't begin to run until D in NY

- If D in NY when cause of action accrues but then leaves NY and is continuously absent for at least 4 months, then entire period of absence is tolled. BUT no tolling if P has basis of personal jurisdiction over absent D to serve him outside NY.
SOL Toll for Infancy/Insanity
If P infant (under 18) or insane when cause of action accrues, SOL tolled until disability ends
- Insanity: MI causing overall inability to function in society

- If original SOL 3 years or more, P gets regular SOL or 3 years from date of end of legal disability (whichever is LONGER)
- If orignal SOL less than 3 years, P gets that SOL from date of end of legal disability

- 10 year limit to med mal claim by INFANT
- 10 year limit for all claims of INSANE
SOL Toll for Death
Survival claim (any cause of action P could have brought if she were still alive)
- If P dies before SOL expires, estate gets either time remaining on original SOL or 1 year from P's death (which is LONGER)

Wrongful death claim (tort claim for economic damages of decedent's distributees
- 2 years from date of death IF decedent possessed timely cause of action at time of death
Tolling for Potential Ds
If potential D dies at ANY time before SOL expires, P has 18 additional months to commence against against estate
6 month grace period for dismissed cases
If NY action timely commenced but is dismissed before trial AND at time of dismissal the SOL has either expired or has less than 6 months remaining, P gets 6 additional months from date of dismissal to re-file same action.

BUT NOT APPLICABLE WHEN:
1) Dismissal was on merits
2) Dismissal on voluntary discontinuance by P
3) Dismissal based on P's neglect to prosecute if neglect consisted of general pattern of delay
4) Dismissal for lack of personal jurisdiction (but not lack of SMJ)
Borrowing Statute
- If P was non-resident of NY when out-of-state claim arose, NY will apply the SHORTER SOL (either NY or SOL of state where claim arose)
- If P was resident when out-of-state claim arose, NY SOL will ALWAYS apply regardless of length