1. Cases where fed law confers exclusive j/d on fed courts (bankruptcy, patents, etc.)

2. Claims for money damages in tort or contract against state of NY - must be brought in Court of Claims

1. Matrimonial actions

2. CPLR Art 78 proceeding

3. Declaratory judgments

2.5 years

General considerations:

1. Cause of action accrues on date of injury - date of discovery is generally irrelevant.

2. Alternative to med mal: suing hospital for negligent hiring - ordinary negligence, so SOL is 3 years from date of injury.

1. Continuous treatment rule: if π suffers med mal at hands of ∆ doctor, but ∆ doctor continues to treat π for the same condition for a period of time, SOL does not begin to run until the last day of treatment.

2. Foreign object rule: physician places foreign object (NOT including medicine, prosthetic device, or fixation device) in π's body, π has 1 year from the date of discovery (or should-have-discovered) to bring suit.

Financial loss: 3 years from when services are completed

Bodily injury: 3 years from date of injury

If suit is against architect or engineer, and injury occurs more than 10 years after a building was completed, π must file notice of claim at least 90 days before suit, and may conduct pre-suit discovery during that period.

1 year and 90 days from date of injury.

π must serve notice of claim w/in 90 days of the action or π's action fails on the merits.

Negligence: 3 years from injury

Strict liablity: 3 years from injury

Breach of warranty: 4 years from date on which ∆ delivered product to next party in chain of distribution

Toxic substance: any inherently harmful toxin that has latent or slow-developing effects

SOL: 3 years from discovery (but does NOT apply to med mal claims)

If SOL is normally 3+ years: the longer of (1) 3 years from end of disability or (2) regular SOL

If SOL is normally <3 years: specific statutory period measured from end of disability

The longer of:

1. Time remaining on applicable SOL from date of decedent's injury, OR

2. One year from date of death

Yes - NY's nonresident motorist statute confers PJ over a non-resident owner or driver of a car involved in an accident in NY. Because Tim gave Ishmael permission to drive his car, a NY court can exercise PJ over him.

Note - to serve Tim, Danny would have to personally deliver one copy to the NY Sec'y of State and mail a second copy to Tim's residence in Texas by certified mail.

No. Ishmael is the only current NY resident, and has only been in NY for 6 months. Once Ishmael has been in NY for a year, he can sue for divorce.

Note - once Ishmael has been in NY for a year, he has all three of the links required for the durational residency requirement of one year - marriage took place in NY, grounds for divorce took place in NY (abandonment), and NY was matrimonial domicile of spouses at some point.

No - Tim can implead Joyce at any time after serving an answer, and all he has to do is:

1. File a summons and 3rd party complaint

2. Serve the summons and complaint on Joyce within 120 days of filing

3. Ensure that service of process is proper and that the court has basis for PJ over Joyce

No - if Ishmael's claim against Joyce is based on the same T/O as Tim's impleader claim, then his amendment will relate back to the time that Tim impleaded Joyce.

So long as Ishmael's claim against Joyce was still good at the time of Tim's impleader, Ishmael is not barred from his claim.

$100.

Taylor's recovery is reduced by the greater of (1) the amount that she settled for or (2) the amount attributable to the settling tortfeasor.

Taylor can recover the entire $500 from Joe, because the lost record sales are economic damages (NY has J&S liability for joint tortfeasors). However, she can only recover $25 from Joe for her hurt feelings. Since Joe is less than 50% liable for Taylor's non-economic damages, CPLR Art 16 provides that he can only be required to pay his share of those non-economic damages.

Note - if Taylor chooses to recover her non-economic damages from John, she can recover the entire $100, since he is more than 50% at fault. She could also recover the entire $500 from him.

1. Pain and suffering

2. Loss of consortium

3. Mental anguish

No - a settling party cannot be sued for contribution.

However, if the jury finds that Joe Jonas is partially at fault in breaking Taylor's heart, the amoung of damages will be reduced by either the % of Joe's fault or the amount that Joe settled for.

Note - if John had sought indemnification from Joe (not available under these facts), Joe could be held liable regardless of the settlement.

1. When provided for by contract

2. Products liability: retailer held liable for manufacturer's defective product

3. Vicarious liability: principal held liable for agent's conduct

Moving party has burden of showing that there are no material issues of fact for trial, and that she is entitled to judgment as a matter of law.

Does so by submitting affidavits (from ppl w/ personal knowledge), documents, discovery materials

1. Conversion of motion to dismiss into MSJ - only allowed if (a) one of the parties submitted factual affidavits w/ motion and (b) court notifies all parties of the conversion and gives them opportunity to respond in kind

2. MSJ by π in lieu of complaint - allowed if (a) it's an action on an instrument containing an unconditional promise to pay or (b) an action to enforce an out-of-state judgment

Yes - notice of pendency, allowed when a proceeding will have a direct effect on real property, is the only provisional remedy allowed w/o court order.

Lasts for 3 years unless renewed prior to the expiration of the initial 3-year term.

Renders title to the laundry basket unmarketable.

1. Motion for order of attachment w/ affidavit showing likelihood of success on merits

2. Provide an undertaking to indemnify Ally for any damages

3. Must show that Ally is either an out-of-state foreign corporation, a non-domiciliary of NY, or about to fraudulently move the chewtoy to avoid judgment.