Subject Matter Jurisdiction Question

[Peter987]

Hello all,

To make a long story short I am currently in a Pro Se action against my former landlord to retrieve my security deposit. I live in Westchester, NY but because my landlord lives in a different state, the small claims and civil court of the city I live in doesn't have jurisdiction. I was advised to go to Supreme Court which is what I did. Since the amount of the deposit is less than an attorney's fees, I am forced to do this Pro Se.

I had my former landlord served to which his attorney replied with some affirmative defenses and counterclaims. I've researched and have a response for all affirmative defenses and counterclaims (DENY!) except for one affirmative defense which is "the Plaintiff herein and the Court herein lack subject matter jurisdiction over the case in controversy herein."

This sounds like a very generic response, but I do want to file a reply to all affirmative defenses and counterclaims in the defendant's reply. I'm not sure if:

a. The amount (under $2,000) is what the defendant's attorny is trying to say does not fall into the subject matter jurisdiction of the supreme court.

OR

b. The type of case it is (landlord/tenant dispute).

Does anybody know if there is a minimum amount you have to sue for in the Supreme Court of Westchester County, NY for it to fall within their jurisdiction and if they can try landlord/tenant disputes? I've searched on this website, a whole bunch of other websites and even called the office of the self-represented for the court (out for the next two weeks), but have not found an answer to my question.

Moreover, what would be an appropriate response to the subject matter jurisdiction affirmative defense?

Does the fact that the small claims and city court of the municipality that the residence is located in not have jurisdiction give the supreme court jurisdiction since there is no place else for me to go?

Any information on this would be greatly appreciated.

Thanks.

[Peter987]

I finally got through to the office of self-represented and the lady I spoke to said there is a minimum limit of $25,000, but she has see plenty of cases tried for less money.

So I guess I have to concentrate on a response that indicates that due to the jurisdictional limitations of city and small claims within the city the residence is located in, the supreme court is the only court that would have jurisdiction?

Any responses that would help would be greatly appreciated.

First off, I am not a lawyer. Take my two cents for what it is worth.

You do need to respond to the allegations within the counterclaim, but you do not need to respond to the raised affirmative defenses. With regard to the affirmative defenses, you can demand more specificity as to their affirmative defenses. You can do this by serving the opposing attorney with a "Demand for a Verified Bill of Particulars as to Affirmative Defenses." Look for a draft of one to get an idea of what to write. Additionally, my guess as to the reason for them raising the subject-matter jurisdiction defense is because they do not want to have waived that defense by not having raised it as an affirmative defense. Also, I am not sure whether you meet the subject-matter requirements of NY Supreme Court.

Best of luck.

[Peter987]

Thanks for responding.

I was informed that I don't have to respond to the affirmative defenses, but was advised that it would be best to do so.

I will look into that Demand for a Verified Bill of Particulars - Thanks. One question - does the attorney have to be served by a process server or just mail it to him?

As for the requirements of Supreme Court. If Small Claims and City are not able to assist me, if supreme court doesn't help, doesn't that mean I've been denied access to the courts?

Thanks.

[Peter987]

Things got a little drawn out but use a little help drafting a Bill of Particulars. My landlord is holding on to my security deposit claiming damage to the condo, as well as having to pay for fines due to a false noise complaint against me. I can prove there was no damage when I left the unit and I suspect the fines levied against my former landlord were not due to the false noise complaint, but for renting without a lease.

I've gotten as far as doing the complaint and summons, responded to their answer and even submitted an RJI to which a bill of particulars and discovery date were set.

I understand the concept of the Bill of Particulars, but could definitely use a little help with what questions to ask. I know I should ask about seeing the fines, about the information of the witnesses (realtor, possibly handy men) that claim the unit was damaged and proof of the amounts paid for the fines and supposed damage. Is there anything else that comes to anybody's mind? What would be the best way to word everything?

Any direction would be greatly appreciated.


Thanks to all.

You need to ask what proof there is that there were damages (photos, witnesses, repair receipts, etc.) There should be receipts for repairs. And ask about pre- and post- inspection reports. If there was no inspection done prior to renting, how can he prove the damages were not already there? If no post rental inspection, how can he prove you did them? He has to prove that those damages were done when you lived there, not before or after.