Jurisdiction, Venue & Service of Process

Jurisdiction has two parts: whether the court can hear this type of case, and whether it has power over this defendant. Supreme Court has general jurisdiction. The lower courts have dollar limits: under New York City Civil Court Act § 202, the Civil Court hears money actions up to $50,000, and under Uniform District Court Act § 202, the Nassau and Suffolk District Courts hear money actions up to $15,000. Small claims are up to $10,000 in the Civil Court under NYCCCA § 1801 and $5,000 in the District Courts under UDCA § 1801. Personal jurisdiction comes from CPLR 301 and 302 and valid service under CPLR 308 or 311.

Personal jurisdiction is the court's power over the defendant. CPLR 301 preserves the traditional bases, such as presence or domicile in New York, by providing that a court may exercise such jurisdiction over persons as might have been exercised heretofore. CPLR 302(a) reaches a non-domiciliary for a claim arising from acts done in person or through an agent: transacting any business within the state or contracting anywhere to supply goods or services in the state; committing a tortious act within the state; committing a tortious act outside the state causing injury within it, if the added conditions are met; or owning, using or possessing real property in the state.

Venue decides the county where the case is tried. Under CPLR 503(a), the place of trial is the county in which one of the parties resided when the action was commenced, or the county in which a substantial part of the events or omissions giving rise to the claim occurred, or, if no party resided in the state, any county the plaintiff designates. Under CPLR 503(c), a corporation is a resident of the county of its principal office. A defendant who believes the county is improper must serve a demand with or before the answer and move within 15 days under CPLR 511. Venue changes the courthouse, not the law.