New York Case Law

The New York state court system is divided into three levels. The highest court in New York is the New York Court of Appeals, which consists of seven judges. The Court of Appeals reviews appeals of decisions by the New York Supreme Court, Appellate Division. It also reviews appeals of decisions by trial courts in limited situations. Decisions by the New York Court of Appeals are final unless the U.S. Supreme Court agrees to review an appeal of a decision.

The middle level of the New York state court system is the New York Supreme Court, Appellate Division. The Appellate Division contains four departments. Each department reviews appeals of decisions by trial courts in civil and criminal cases. The Appellate Division not only analyzes legal questions but also makes new findings of fact when appropriate. The first and second departments of the Appellate Division contain additional intermediate appellate courts, known as Appellate Terms. These courts are intended to lighten the burden on the Appellate Division and reduce costs for litigants.

The lowest level of the New York state court system consists primarily of the New York Supreme Courts, the New York County Courts, the New York City Courts, and the New York Town and Village Courts. The Supreme Courts are trial courts with general jurisdiction over civil and criminal cases. They most often review civil cases with at least $25,000 at issue. The County Courts review criminal cases and civil cases with less than $25,000 at issue. The City Courts review minor criminal cases arising within a city and civil cases with less than $15,000 at issue. The Town and Village Courts have a similar scope of jurisdiction, as do the District Courts in Nassau and Suffolk Counties.

New York also has certain other courts that review distinctive types of cases. These include the New York Family Courts, the New York Surrogate's Courts, the New York Problem-Solving Courts, and the New York Court of Claims. The Family Courts typically review cases related to children and families, such as adoptions, domestic violence, and terminations of parental rights, but they do not review divorce cases. The Surrogate's Courts review cases related to probate, estate administration, and adoptions. The Problem-Solving Courts usually review matters related to drug treatment, domestic violence, and mental health. The Court of Claims reviews cases filed against the State of New York or other government entities.

New York City has its own court system. This includes five supreme courts, each of which is divided into civil and criminal terms. Civil terms review civil matters with more than $25,000 at issue. Criminal terms review felony cases. Civil matters with no more than $25,000 at issue are reviewed by the New York City Civil Court, which also reviews landlord-tenant disputes. Non-felony criminal cases are reviewed by the New York City Criminal Courts, which also hold preliminary hearings in felony cases.

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