Subject Matter Jurisdiction

• Author: Michael H. Barr/Burton N. Lipshie/Sharon Stern Gerstman
• Pages: 245-278

Chapter 6

suBjeCT maTTer jurisdiCTion

QUICK VIEW

Definition: Subject matter jurisdiction is the power of the court to render a binding judgment in a particular type

of case. A judgment of a court without subject matter jurisdiction is void.

Scope of Chapter: Subject matter jurisdiction of the Supreme Court, Court of Claims, Surrogate’s Court,

Family Court, County Courts, District Courts, Civil Court of the City of New York, and the city, town, and vil-

lage courts; transfers between courts.

Strategies and Tactics: If more than one court has subject matter jurisdiction, the practitioner needs to decide

which is most appropriate. Some courts have expertise in particular areas. Other courts may be more comfort-

able with large sums of money at stake. It is not a knee jerk decision.

Statutes and Rules: NY Const art VII; CPLR 325; Court of Claims Act; Family Court Act; New York City

Civil Court Act; Surrogate’s Court Procedure Act; Uniform City Court Act; Uniform District Court Act;

Uniform Justice Court Act; 22 NYCRR Parts 202, 205, 206, 207, 208, 210, 212, 214.

Related Topics: Personal Jurisdiction, Ch 7; Venue, Ch 8; Service of Process, Ch 9; Motion Practice, Ch 16;

Motions to Dismiss, Ch 36; Defaults and Dismissals, Ch 39.

Forms: See digital access for the following forms:

• Form 6:10, Transfer Order on Consent of All Parties.

• Form 6:20, Transfer Order on Plaintiff’s Consent.

TABLE OF CONTENTS

I. Overview

A. Nature of Subject Matter Jurisdiction

§6:01 Chapter Scope

§6:02 Subject Matter Jurisdiction Defined

§6:03 Role of Constitution

B. Related Concepts

§6:10 Compare: Failure to Establish Cause of Action

§6:11 Compare: Personal Jurisdiction

§6:12 Compare: Venue

New York Civil PraCtiCe Before trial 6-2

C. NY State Court System

§6:20 Trial Courts

§6:21 Appellate Courts

§6:22 Avenues of Appeal

§6:23 Limits on Service of Process in Lower Courts

D. Federal Constraints on Subject Matter Jurisdiction

§6:30 Exclusive Federal Court Jurisdiction

§6:31 Concurrent Federal-State Jurisdiction

§6:32 Tests to Determine Exclusivity

§6:33 Other Constraints

E. Strategic Considerations in Choosing Court

§6:40 Familiarity With Court

§6:41 Limitations on Remedies

F. Raising Lack of Subject Matter Jurisdiction

§6:50 Who and When

§6:51 No Waiver or Stipulation

§6:52 How to Raise

II. Supreme Court

A. Subject Matter Jurisdiction

§6:60 General Jurisdiction

§6:61 Source of Jurisdiction

§6:62 In Practice: Transfer to Other Courts

§6:63 Small Claims Jurisdiction

§6:64 In Practice: Don’t Bring Small Claims in Supreme Court

B. Supreme Court Justices

§6:70 Judicial Districts

§6:71 Selection of Justices

§6:72 Term of Office

§6:73 Compulsory Retirement

§6:74 Certification of Judges Over 70

C. Rules of Practice in Supreme Court

§6:80 CPLR

§6:81 Uniform Court Rules

§6:82 Individual Justices’ Rules

D. Trials

§6:90 Jury Trials

§6:91 Equitable and Legal Claims in Same Case

§6:92 Trial Before Court

§6:93 Referees

§6:94 Judicial Hearing Officers

6-3 suBjeCt matter jurisdiCtioN

III. Trial Courts of Limited Jurisdiction

A. Surrogate’s Court

§6:100 Subject Matter Jurisdiction

§6:101 Wrongful Death Actions

§6:102 Selection of Surrogates

§6:103 Terms of Office

§6:104 Surrogate’s Court Procedure Act

§6:105 Uniform Court Rules

§6:106 Jury Trials

§6:107 Non-Jury Trials

B. Family Court

§6:120 Subject Matter Jurisdiction

§6:121 No Matrimonial Jurisdiction

§6:122 Transfer of Matrimonial Actions to Family Court

§6:123 Selection of Judges

§6:124 Terms of Office

§6:125 Family Court Act

§6:126 Non-Jury Trials Only

C. Court of Claims

§6:140 Exclusive Jurisdiction: Money Claims Against State

§6:141 Non-Exclusive Jurisdiction: Claims by State

§6:142 Claims Against State Agencies, Officers, or Employees

§6:143 Multiparty Claims

§6:144 Declaratory Judgment Claims

§6:145 Selection of Judges

§6:146 Terms of Office

§6:147 Court of Claims Act

§6:148 No Jury Trials

D. Civil Court of the City of New York

1. SUBJECT MATTER JURISDICTION

§6:160 Recovery of Money

§6:161 No Aggregation of Multiple Claims

§6:162 Counterclaims

§6:163 Real Property

§6:164 Personal Property

§6:165 Landlord-Tenant Proceedings

§6:166 Housing Court

§6:167 Limits on Territorial Jurisdiction

2. CIVIL COURT JUDGES

§6:180 Selection

§6:181 Terms of Office

§6:182 Housing Court Judges

3. RULES OF PRACTICE

§6:190 CPLR

§6:191 Civil Court Act

§6:192 Uniform Court Rules