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34 Cards in this Set
- Front
- Back
Subject Matter Jurisdiction
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NY Supreme Court: ONLY trial court with general subject matter jurisdiction
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NY Supreme Court's general jurisdiction
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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 |
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Forum non conveniens
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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 |
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Exceptions to Supreme Court's general jurisdiction
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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 |
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Supreme Court's exclusive SMJ
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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 |
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Courts in NY
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Supreme Court (trial)
Appellate Division Court of Appeals (highest Ct) |
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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 |
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Computing SOL
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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 |
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SOL: Action on judgment
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20 years
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SOL: Action to recover realty
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10 years
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SOL: Action by crime victim against convicted D for SERIOUS crime
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10 years from date of conviction
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SOL: Action by crime victim against convicted D for any crime
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7 years from date of crime
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SOL: Contracts, express or implied (NOT UCC Article 2)
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6 years from date of breach regardless of P's lack of knowledge
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SOL: Indemnity & contribution
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6 years from date of payment for which indemnity/contribution sought
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SOL: Fraud
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6 years from fraudulent act
OR 2 years from discovery, actual/imputed (whichever is longer) |
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SOL: Equity actions
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6 years
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SOL: Action by victim of rape felony
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5 years
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SOL: Breach of Contract/Warranty under UCC Article 2
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4 years from tender of delivery
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SOL: Personal injury based on negligence & strict products liability
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3 years from date of injury
No discovery rule except in cases of toxic substances |
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SOL: Property damage, including conversion & replevin
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3 years from date of injury
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SOL: Medical Malpractice (including dentists, podiatrists, nurses & hospitals)
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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) |
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SOL: Wrongful death (action by decedent's distributees where D's tort caused death, damages limited to economic losses)
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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) |
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SOL: Personal injury & property damage against MUNICIPAL Ds (gov't subdivision of state - county, city, town, etc)
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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 |
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SOL: Intentional torts to person (battery, assault, false imprisonment, defamation)
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1 year
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SOL: Article 78 proceedings (Judicial review of NY State & local gov't administrative action)
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4 months
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SOL: Professional malpractice (NOT med mal)
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3 years from date when services completed (regardless of P's lack of awareness of malpractice)
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Special procedures for personal injury actions against architects & engineers when action brought >10 years AFTER building completed
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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 |
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SOL: Toxic Substance Case
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3 years against manufacturer, distributor or supplier from discovery of injury (P develops symptoms) or when P should have discovered injury w/reasonable diligence
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SOL Toll for D's Absence
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- 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. |
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SOL Toll for Infancy/Insanity
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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 |
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SOL Toll for Death
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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 |
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Tolling for Potential Ds
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If potential D dies at ANY time before SOL expires, P has 18 additional months to commence against against estate
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6 month grace period for dismissed cases
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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) |
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Borrowing Statute
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- 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 |