Term
|
Definition
LJC
Jury trial in probate/estate
Case types; Probate/estate
Adoption
Concurrent jurisdiction with family in terms of adoption, maternity, child visitation |
|
|
Term
|
Definition
Jury
Tort, contract, real prop (0-25000) more than to confirm arbtiration award for fee dispute or indemnfication for insurance company
small claims (up to 5000)
miscellaneous civil
Sent to arbtiration 15000 below de novo review
Appeals to Appellate term |
|
|
Term
|
Definition
Jury trial for highest level misdemeanor
Prelim hearing, misdemeanor
traffic infractions, ordiannces, violations |
|
|
Term
| Town and village justice court |
|
Definition
Jury trial most cases
Tort, contract, real prop (0-3000)
small claims (up to 3000)
traffic violations
Counterclaims only up to 3000
No long arm jurisdiction
Appeals 1,3, 4 go to county courts 2nd appellate term |
|
|
Term
|
Definition
No jury trial
Guardianship, Domestic relations, exclusive domestic violence, exclusive juvenile
Lacks SMJ to award child support or maintenance unless referred to by supreme court |
|
|
Term
| District and Court (Nassau & Suffolk) |
|
Definition
Tort, Contract, replevin, real proper (0-15000)
Small claims (up to 5000)
Felony, prelim hearing, misdemeanor
Traffic infractions, ordinance violations
Sent auto to arbtiration claims under 6000 de nova review |
|
|
Term
|
Definition
Tort, contract, real property (0-15000)
Small claims (up to 5000)
Felony, preliminary hearings misdemeanor
Traffic infractions, ordinance violations
No limits on counterclaims
1, 3, 4 appeal to county court
2nd to appellate term |
|
|
Term
|
Definition
No Jury trials
Tort, contract, real property invovling the state
State sued for money damages
Appeals taken to the appellate division |
|
|
Term
|
Definition
jury trials
Tort, contract, real property, miscellaneous civil
Exclusive marriage disssolution
Felony misdemoner
Concurent jurisdiciton with every court in the state-court of claims lacks ability to hear Art 78 against suprme or county court judge
EXCLUSIVE SMJ OVER DECLARATORY JUDGMENT |
|
|
Term
County Court (serve the surrogates & family court)
Every county minus NYC |
|
Definition
Jury trials
Tort, contract real property (0-25000), civil appeals, misc civil
Criminal
Unlimited jurisdiction on counterclaims
No long arm jurisdiction
Can hear real property no monetary amount when; partition, aciton jointly held realty, specific performance, mortgage foreclosure
Appeals 1,3,4 appellate division and 2nd appellate term |
|
|
Term
| Appellate division of Supreme Court |
|
Definition
Appeal by right cirminal, civil, admin agency, interlocutory appeals in criminal, civil, admin
4 depts
• All division hear appeals from: supreme, family, surrogate, court of claims and county court
• 2nd hears appeallate term, city courts, district courts, justice courts, and county courts |
|
|
Term
Appellate Terms of Superior Court
on exists in 1st and 2nd dept |
|
Definition
Appeal by right criminal, civil Interlocutory appeal in criminal, civil
Appeal by permission criminal juvenile, Interlocutory appeals in criminal juvenile
Appeals from NYC civil courts 2nd dept district courts nassau western suffolk city courts |
|
|
Term
|
Definition
Appeal right, civil, admin, interlocutory appeals in civil, am din
Appeal permission crimina, vivil, admin. interlocutory appeals in criminal, civil, admins agency
Exclusive death pealty
Original proceeding judicial qualification, certified question |
|
|
Term
| Service of process must be made in NYC except |
|
Definition
• 1. Long arm defendant (404)
• 2. To implead additional defendant (408)
• 3. Counterclaim or cross claim
• 4. Bring in a necessary party into the lawsuit (CCPLR 1001 and CPRL 3211(10))
• 5. Defendant NYS domicile who is a resident of NYC |
|
|
Term
| Can serve outside jurisdiciton when |
|
Definition
• 1. Defendant transacted business within city or district
• 2. Defendants tortuious conduct occurred within jurisdiction
• Uniform Court Act don’t give the court jurisdiction where defendant tortuous conduct occurs outside the state in which the injury occurred.
• 3. Plaintiff claim involves defendants ownership use or possession of real property within the jurisdiction |
|
|
Term
|
Definition
Minimum Contacts with state of Ny
Opportunity for D to be heard
Properly served with process |
|
|
Term
|
Definition
1. Does Nothing
2. Defendant makes a motion to dismiss before serving an answer. CPLR 3211(a)(8)
3. Defendant did not make a preanswer 3211(a) motion on any of the 11 grounds in 3211(a) then defendant can assert the MOP objection in the defendants answer as an affirmative defense. |
|
|
Term
|
Definition
1. Personal Jurisdiction (in personam)
A. All purpose jurisdiction- which is done by defendants purpose and systematic activity within the state (Ex. Domicile, corp doing business) Defendant at home where lawsuit commenced. Hear any claim against defendant
B. Specific jurisdiction arises where a non domicile has engaged in a single act or occasional acts in the state and where plaintiffs claim arose out of that act CPLR 302 long arm juridiciton.
2. In Rem jurisdiction |
|
|
Term
Personal Jurisdiciton
DIAL DC |
|
Definition
D- Doing Business involving a non domicile
I- Instate Service
A- serving Defendant's AGENT
L- Long Arm Jurisdiciton
D- |
|
|
Term
|
Definition
1. Registered Corps agent Secretary of State
2. drive motor vehicle Secretary of State
3. Commened action in NY then attorney is agent but only for another party in that lawsuit
4. Truckering corp appoint agent |
|
|
Term
|
Definition
1. Title or right to posesss personal property in NY the right the parties are attempting to litigate
2. To determine or locate marital status where there is no personal jurisdiction over marriage (no DIAL DC) cant award money damages in divorce. |
|
|
Term
Long Arm
In personam jurisdiciton
302 |
|
Definition
a1. transact business
contract anywhere to ship goods into Ny
a2. tortuous conduct in Ny minus defamation
a3. tort conduct minus defamation outside NY but effect within Ny reasonably foreeable plus DEER
Products liability
a4. use, posses, Ny real estate
302b Marriage DADA
303c under the action acant add another cause of action not 302 if no other DIAL DC |
|
|
Term
|
Definition
1. Motion to the court
2. Stipulation of the parties
3. Amendment once as a right without having to go to court within 20 days after the P is served with D's answer |
|
|
Term
| Who can serve outside the state |
|
Definition
ALRAN
A- Attorney Admitted in taht jurisdiction
L- Look to the laws of the jurisdiction
RAN- resident of NY, Adult, Non Party |
|
|
Term
| CPLR 2001 will not save P's claim |
|
Definition
1. Service of summons without a complaint summons failed to cite nature of claim and relief P was seeking
2. complete failure to file
3. Service of process on D before that process was filed witha county clerk or
4. Process filed with the adminitrative clerk of the Sumpre court and not with a clerk of the county
2,3,4 non waivable can be raised after defendnat answers |
|
|
Term
| Methods for serving process |
|
Definition
CIDS MAIL
C- Court invented service
I- In hand delivery to teh defendant
D- Due diligence, nail and mail then filing proof of service in attemption to first seve the defendant in hand
S- by serving a SAD person then nail, mail and filing proof of service within 20 days. The essence is delvierign process to SAD person of suitable age and discretion. then mailing a copy of process to the defnenat then filing proof of service within 20 days 308(2).
Mail- Mailing process to the defendant but only if defendant consents |
|
|
Term
|
Definition
|
|
Term
| 10, 20, 30, 40 day rule (Substituted Service) |
|
Definition
10 day is used to measure from filing of proof of service to determine when service is complete
20 day to nail and mail or SAD deliver and mail
20 day to file proof of service
30 day for defendant to appear after service is complete
40 days for a defendant to appear measured from when the affidavit of service is filed. |
|
|
Term
|
Definition
1. Deliver two copies of process to Secretary of state in Albany provided corp registered with secretary of stay
2. In hand personal delivery to A MAC DOG
3. Where #2 proves impracticable then make a motion and court can prescribe an alternative method of service including substituted service. |
|
|
Term
|
Definition
1. deliver process to attorney general
2. deliver process to asst attorney general |
|
|
Term
| Service on state agency or state officer in official capacity |
|
Definition
1. Personally delivering it to the agencies chief or someone designated to accept process
2. Certified mail. With envelope marked urgent legal matter.
Regardless must also be delivered to NYS attorney general |
|
|
Term
|
Definition
| Deliver process to corporation council or deliver it to any person designated in writing by corp counsel provided the writing was filed in office of clerk of NY county. |
|
|
Term
| Serving county outside NYC |
|
Definition
Made by serving chairperson or clerk of board of supervisiors or serving teh county attorney or county treasure
Service on town done by serving supervisor of town clerk |
|
|
Term
| Notice of appearance or demand for complaint by a D does not result in waiving teh D's MOP jurisdiciton objections. This ocurs only by ASCAM (DIAL DC) |
|
Definition
|
|
Term
|
Definition
1. Title or right to posesss personal property in NY the right the parties are attempting to litigate
2. To determine or locate marital status where there is no personal jurisdiction over marriage (no DIAL DC) cant award money damages in divorce. |
|
|
Term
Long Arm
In personam jurisdiciton
302 |
|
Definition
a1. transact business
contract anywhere to ship goods into Ny
a2. tortuous conduct in Ny minus defamation
a3. tort conduct minus defamation outside NY but effect within Ny reasonably foreeable plus DEER
Products liability
a4. use, posses, Ny real estate
302b Marriage DADA
303c under the action acant add another cause of action not 302 if no other DIAL DC |
|
|
Term
|
Definition
1. Motion to the court
2. Stipulation of the parties
3. Amendment once as a right without having to go to court within 20 days after the P is served with D's answer |
|
|
Term
| Who can serve outside the state |
|
Definition
ALRAN
A- Attorney Admitted in taht jurisdiction
L- Look to the laws of the jurisdiction
RAN- resident of NY, Adult, Non Party |
|
|
Term
| CPLR 2001 will not save P's claim |
|
Definition
1. Service of summons without a complaint summons failed to cite nature of claim and relief P was seeking
2. complete failure to file
3. Service of process on D before that process was filed witha county clerk or
4. Process filed with the adminitrative clerk of the Sumpre court and not with a clerk of the county
2,3,4 non waivable can be raised after defendnat answers |
|
|
Term
| Methods for serving process |
|
Definition
CIDS MAIL
C- Court invented service
I- In hand delivery to teh defendant
D- Due diligence, nail and mail then filing proof of service in attemption to first seve the defendant in hand
S- by serving a SAD person then nail, mail and filing proof of service within 20 days. The essence is delvierign process to SAD person of suitable age and discretion. then mailing a copy of process to the defnenat then filing proof of service within 20 days 308(2).
Mail- Mailing process to the defendant but only if defendant consents |
|
|
Term
|
Definition
|
|
Term
| 10, 20, 30, 40 day rule (Substituted Service) |
|
Definition
10 day is used to measure from filing of proof of service to determine when service is complete
20 day to nail and mail or SAD deliver and mail
20 day to file proof of service
30 day for defendant to appear after service is complete
40 days for a defendant to appear measured from when the affidavit of service is filed. |
|
|
Term
|
Definition
1. Deliver two copies of process to Secretary of state in Albany provided corp registered with secretary of stay
2. In hand personal delivery to A MAC DOG
3. Where #2 proves impracticable then make a motion and court can prescribe an alternative method of service including substituted service. |
|
|
Term
|
Definition
1. deliver process to attorney general
2. deliver process to asst attorney general |
|
|
Term
| Service on state agency or state officer in official capacity |
|
Definition
1. Personally delivering it to the agencies chief or someone designated to accept process
2. Certified mail. With envelope marked urgent legal matter.
Regardless must also be delivered to NYS attorney general |
|
|
Term
|
Definition
| Deliver process to corporation council or deliver it to any person designated in writing by corp counsel provided the writing was filed in office of clerk of NY county. |
|
|
Term
| Serving county outside NYC |
|
Definition
Made by serving chairperson or clerk of board of supervisiors or serving teh county attorney or county treasure
Service on town done by serving supervisor of town clerk |
|
|
Term
| Notice of appearance or demand for complaint by a D does not result in waiving teh D's MOP jurisdiciton objections. This ocurs only by ASCAM (DIAL DC) |
|
Definition
|
|
