1) matrimonial proceedings 

2) ARticle 78 proceedings

3) Declaratory Judgments

Where do appeals from each court go?

1) Supreme court

2) County court

3) NYC Civil Court

4) Family Court

5) Court of Claims

1) Supreme court - appellate division s. ct.

2) county court (2nd dep.) - appellate term; all other counties to appellate division.

3) NYC civil courts - appellate term

4) Family court - Appellate division

5) court of claims - Appellate division of dep arose

Appellate division appeals go to NY Court of Appeals 

1) civil actions for money damages

2) judgment 25,000 or less

3) One of following :

• D i) resides in county or ii) has business in county and claim arose there. 
• real prop land located in county
• incompetency country resident
• enforcement judgment in another county

1) ONLY civil actions

2) amount in controversy 25,000 or less

3) actions to acquire money

4) replevin acitons

5) declaratory judgments actions

6) recision and reformation of Ks

7) judgment for rent

8) summary eviction proceedings

1) actions involving child/spousal support

2) child custody visitation

3) child neglect abuse

4) paternity

5) termination of parental rights

6) guardianship minors

7) juvenile elinquincy

8) protective orders

9) adoption minor (shared with surrogates court)

When party files motion to supreme court to remove to proper court. s. court MAY remove.

When case brought in proper jurisdiction court but court lacks ability to grant relief parties are entitled. filed in court with adequate jurisdiction to grant relief. court may then remove to itself. 

- jury waiver is inoperative after removal

When can a party remove to a lower court?

1) domicile in NY

2) service when D physically present in NY

3) statutory consent (incorporated in NY or authorized corp/business)

4) doing business in NY (unauthorized corp) - test if dealings are systematic and continuous with a fair measure of permanence and continuity. ex employing sales rep ni NY, offic ein NY or ownership property in NY.

1) If authorized business in NY

2) unathorized but doing business test is met. 

BUT separation btw corporate entiteis respected.

- Exception = mere department doctrine (NY corp is department/agent of forieng corp = doing business)

1) Express Consent - forum selection clause

2) Waiver - if fials to object in preanswer MTD or answer.

3) Statutory Consent - 

• filing suit in NY = consent to counterclaims
• Nonresident drivers/owner - Sec of State is agent for service
• Long Arm Statute = any action arises out of i) transaction busines in NY ii) entry into K to supply goods/services in NY iii)comission tortious act within NY iv) commission tortious act outside NY injury in NY (if solicits regularly, engates course conduct, depreives state of revnue or expects action consequences in NY and derives revenue from NY/interstate commerce)

1) divorce: when NY domiciliay (one party at least)

2) other actions: long arm works when sufficient contacts exist or if

i) party seeking support is resident/domiciliary NY at time of demand and was matrimonial domicile beofr eseparation 

ii) D abandoned P in NY

iii) claim accrued under NY law or agreement in NY

20 year SOL time period

10 year SOL time period

20 years

- actions by state/grantee to recover real property

- support/alilmony/maintenance

- bond collection

- enforce money judgment

10 years

- recovery real property/posession

- redeeming real proprty for mortgage

- premises after state grant real property annulled due to fraud mistake

- action to recover affidavit of support for alien.

SOL 7 years

SOL 6 years

7 years

- crime vicitim to recover 

6 years (default)

- contracts (exc goods = 4 years)

- mortage on real property

- tort contribution

- state for misappropriation public prop

- equity/mistake

- dervitative corp action

- fraud

SOL 5 years

SOL 4 years

SOL 3 years

5 years

- victim rape, sexual assault 

4 years

- overcharge rent

- sale of godo K

- break implied warranty home

3 years (gen tort damages)

- general negligence

- SL products

- damages to property

- personal injuries

- annument marraige

- malpractice (other than doctors)

SOL 2 years 6 mos

SOL 2 years

SOL 18 mos

SOL 1 year - 90 days

SOL 1 year

SOL 4 mos

2 years 6 mos

- mediacal dental malpractice (discovery object exception)

2 years

- wrongful death

18 mos

- breach K aginst village

1 year 90 days

- tort against municipalies

1 year

- intentional torts, 

- arbitration award

- penalty enforcemnt

- recover overcharge

- against village not K or tort

4 mos

- Article 78  proceedings

1) shortented by written agreement of parties (but sale of goods cant be less than 1 year cant be extended)

2) extended by writing signed by party against extension, no consideration needed and court MAY NOT extend.

3) waiver if fails to timely waive but watch estoppel if reliance on Ds fraud resuls in waiver.

generally the date right to sue first exists. acutal day injury is excluded (next day)

Torts: day of injury

contracts: day of breach

1) less than 3 year SOL = has full lim period from point disability removed

2) if 3year or more = extended three years afer disability removed UNLESS more than 3 years still left on SOL.

WHen claims accured out of state broguht by out of state resident governed by BOTH SOLs. 

P must satisfy shorter of two periods.

1) Supreme court - by filing summons AND complaint county clerk and paying

2) DCt, city courts - filing papers with court clerk

3) Town Village courts - commenced by service

1) served by someone over 18, not a party to action 2) no service on Sunday 3) commenced by filing = service must by made within 120 days (exp art 78 served in 15 days)

Methods 

1) personal delivery - direclty

2) leave and mail (within 20 days)

3) Designated Agent service

4) Nail and Mail (must try other methods first)

Corps

1) personal service director officer

2) NY sec of state

3) court ordered service if impractiable in 120 days

Partnerships

1) personal service on any partner

2) leave and mail at partnership address

3) nail and mail on door business

4) designated agent service

5) court- ordered

ALternative 

- must include acknolwedgment of recipt form to fill out and return in 30 days. 

service complete day acknowledgment mailed/delivered

D must answer within 20 days of mailing recipt

Local (real property) = venue proper in county where real property located

Transitory (al elese) = venue proper in county where any party resides (if neithe ri NY than any county inNY proper)

Prelim Injuntions: when D causes/threatens to cuase violation of rights 1) liklihood of success on merits 2) irreparable harm and 3) blance of equities favors party.

TRO: may be ex parte if show immediate and ireparable injury will result before hearing held. can move for TRO then injunction. 

Attachment

and 

Notice of Pendency

serve as security device and jurisdicitonal device to establish jurisdiciton or judgment can be satisfied ask for attachement on property. 

- NOT matrimonial actions

- must be for money judgemnet actions

- and either D nondomiciliary or cannot be served, D has intent to defraud property

- effective for 90 days.

Notice of pendency

filed in any action to affect title or posession of real property. encumbrance on prop. effective for 3 years

Service

8-2 rule if no reply. served 8 days before motion to be heard and answer served 2 days before

16-7-1 if want reply opportunitry. serve 16 days, answer 7 then reply 1 day.

Expedited motions can be made if show cause

Cross motions must be 3 days before hearing

Reasons: (bold can be waived if not asserted in first response)

1) document defense

2) lack of subject matter jur

3) lack of legal capacity to sue

4) pendancy of action between same parties

5) affirmative defenses (arbitration, collateral estoppel, bankruptcy, payment, release, res judicata, statute of frauds)

6) countercpaim improper

7) failue to state of cause of action (assume truth of allegations but if extrincis evidence establishes ps basic premise canot be ture)

8) lack of personal jurisdiction (incl insufficient service process)

9) lack of service

10) non-joinder necessary parties

Can be filed any time after D served answer including multiple times; Cannot be raised by court

Must be granted if no material and triable issue of fact presented. burden shifts to non-moving party to demonstrate issue.

mandatory for necessary parties: who ought to be joined if complete relief is to be accorded or party who mght be inequitably affected by judgment.

failure to join is grounds for dismissal w/o prejudice.

If unable to have jurisdiction over party court MAY allow to proceed if i) p has no other effective remedy ii) D or person will not be prejudiced iii) whenther prejudice can be avoided iv) whehte rfeasible protective provisions v) whether effective jdugmetn rended in absene of person is possibel.

Parties May be joined IF 1) claims involve all parties arise from same transaction, occurance of series of occurances AND 2) at least one common question of law or fact links claims. 

Claimsm may be joined: as many as possible agains tdefendnat as P has.

1) numerosity

2) predominance

3) typicality

4) adequacy

5) superiority

when person holding money property and facing mutiple liabilies by conflicting claims join adverse claimants in action for rights.  

1) intervention of right: nonparty may intervene if 1) statute confers right 2) rep of nonparty interst may be inadequate and nonparty bound by judgment 3) action involves property and nonparty may be adversly affected

2) permissive intervention: at courts discretion if show common question of law or fact and will not caus eunduly delat or adversly affect rights of party.

party against who a claim has been asserted may bring in a new party who may be liable to orinal party for all/part of claim. 

must be sufficiently connnected to the main claim. look for conversion, indemnity or subrogation.

traditionally tort to recover any share of jdugmetn from other tortfeasors. mainly impleader or cross claim counterclaim or separate action.

BUt careful successive tortfeasor issue if P only sues successive torfeasor no contribution my prior tortfeasor.

several liablity issue if 50% less at fault means no recover of non-economic damages by that party less responsible. 

complet shifting of responsibility to another entiteld to full reimbursement. can be by contract

May be served by any party, officer or emplyoee party, previous action assocaitoed with action, about ot leave state, lives outside state lives more than 100 miles from trial or is sick, medical professional, any person with notice of disclosure. 

Limitations.

1) evidentiary privileged

2) atty work product

3) materials prepared in anticipation of litigation

4) accident reports

Oral: if party notice 20 days before nonparty need subpoena at least 20 das before. protective orders may be granted. entities need notice and can chnage rep in 10 days ntoice. 

requires

1) presiding officer /notary

2) under oath

3) recorded

4) objections noted

5) continuously 

6) questioned and opportunity to cross

may reques any info subject to disclosure or prod of documents. 

under oath

Must be requested within 15 days of service after filing note of issue with jury demand. 

composed of 6 people (at least 5 must agree on verdict)

3 peremptory challenged each side. 

challenge for cause when related by 6th degree to party

General: jury finds for one or against praties

Special: jury determines facts only court determines judgment. 

General accompanied by answers to interrogatores: can requres written answers by jury to written interrogators.

appeal as right within 30 days after serve of order appealed from.

- any judgments entitled to appeal unless specified. (exc. article 78 proceedings, motions more definit statement, motions to strike, denial of motions to reargue)

appeal by permission within 30 days

challenge action/inaction by state and local governments

1) failure to perform duty

2) proceeding wihtout jurisdiction

3) determintion mayde in violation of lawful procedure, affected by aerror of law, arbitrary and capricious, abuse of discretion.