New York Practice

Motion to Dismiss for Lack of Subject Matter Jurisdiction

County courts, city courts outside of NYC, district courts (Nassau County and Western Suffolk County), and the 2,300 justice (village) courts

Counterclaims in the lower courts are unlimited in their monetary amount, except for justice (village) courts, where the limit of the counterclaim is $3,000

Where the landlord is seeking to recover unpaid rent, the monetary jurisdiction of the lower courts (including the justice courts) is unlimited

The $25,000, $15,000 and $3,000 limitation on monetary amounts in the lower court do not include interest on the money judgment or cost imposed on the losing party by the court.

Governed by the Uniform Justice Courts Act

The monetary limitation in the court is $3,000, including counterclaims.

Plaintiffs or defendant must reside or be employed or regularly conduct business within the village.

The summons can only be served inside the county where the court sits.

**There is no long-arm jurisdiction in this court.

No justice courts in NYC

Two district courts in NY State: cover Nassau County and Western Suffolk County.

Misdemeanor jurisdiction and civil money claims and replevin claims, up to $15,000.

**The monetary jurisdiction is $15,000

In district courts, and the city courts outside of NYC, where the plaintiffs money claim is $6,000 or less, or in NYC civil court where the plaintiffs claim is $10,000 or less, the claim will be send for mandatory nonbinding arbitration, where the arbitrators award is subject to a de novo review by a trial court.