SUBJECT MATTER JURISDICTION

Competence of the court to hear claim. 

1) If the court lacks SMJ, it has no authority

2) A problem w/ SMJ can be raised at any time

3) Unlike Personal Jurisdiction, it cannot be waived

THE SUPREME COURT

- Court of general jurisdiction

- Jurisdiction over all cases not exclusively granted to other courts.

-Exclusive jurisdiction over certain matters such as 

1) Matrimonial Actions

2) Art. 78 Actions

3) Declaratory Judgement Actions

-No jurisdiction over:

1) Suits against the state for money

2) Cases heard exclusively in Fed. Ct. 

COUNTY COURT

- In each county except NY County

-Jurisdiction over civil and criminal matters

-Civil cases must have a jurisdictional limit of up to + including $25K

-all Ds must reside or have a place of business int he county

-If they have a business in the county, the cause of action must have arisen in the county

DISTRICT COURT

- Every county has the authority to create one

-Only Nassau and Suffolk have them

-Jurisdictional limit: Up to + including $15K

SURROGATE'S COURT

Hears cases involving decedent's estate

FAMILY COURT

-Does not hear divorce cases

-Hears matters incidental to the family such as child support and custody

COURT OF CLAIMS

-Jurisdiction over civil actions brought against the state of NY for damages

-Only time any party other than the state can be sued in the ct. of claims is when the state counterclaims agsinst the party

-No juries

NEW YORK CITY CIVIL COURT

-Has jurisdiction similar to county court

-Hears cases involving up to and including $25K