New York Courts: Which Court Hears a Personal Injury Case

New York’s court names mislead almost every client. Supreme Court is the general trial court. The highest court is the Court of Appeals. Getting the forum wrong can cost a claim outright.

The New York courts, and which one hears an injury case

Authority: N.Y. Const. art. VI; N.Y.C. Civil Court Act § 202; Uniform District Court Act § 202; Court of Claims Act §§ 8, 9; CPLR 5501, 5601–5602

Supreme Court

Despite the name, this is New York’s general trial court, not its highest court — a point that confuses nearly every client. Almost every serious personal-injury case is filed here, in the county where the accident happened or where a party resides.

Jurisdiction
Unlimited original jurisdiction. There is no ceiling on what can be sought or awarded.
Appeals go to
the Appellate Division of the Supreme Court
Authority
N.Y. Const. art. VI, § 7

Civil Court of the City of New York

Handles smaller-value claims arising in the five boroughs, along with a large volume of no-fault reimbursement disputes between medical providers and insurers.

Jurisdiction
Claims up to $50,000. The limit was $25,000 until a State constitutional amendment raised it.
Appeals go to
the Appellate Term of the Supreme Court
Authority
N.Y.C. Civil Court Act § 202; N.Y. Const. art. VI, § 15

District Court (Nassau County and western Suffolk County)

The Long Island counterpart to the New York City Civil Court. Nassau County has a District Court covering the whole county; in Suffolk it sits in the five western towns.

Jurisdiction
Civil claims up to $15,000.
Appeals go to
the Appellate Term of the Supreme Court, 9th and 10th Judicial Districts
Authority
Uniform District Court Act § 202

County Court (outside New York City)

Primarily a criminal court upstate, but it carries limited civil jurisdiction.

Jurisdiction
Civil claims up to $25,000.
Appeals go to
the Appellate Division
Authority
N.Y. Const. art. VI, § 11

Town and Village Courts

Very small civil claims and local matters.

Jurisdiction
Civil claims up to $3,000.
Appeals go to
County Court, or the Appellate Term in the 9th and 10th Districts
Authority
Uniform Justice Court Act § 202

Court of Claims

The only court that can hear a damages claim against the State of New York itself — including the Thruway Authority and State University hospitals. A claim against the State does not belong in Supreme Court, and filing it there loses time that cannot be recovered.

Jurisdiction
Exclusive jurisdiction over claims against the State. No jury: the judge decides liability and damages.
Appeals go to
the Appellate Division
Authority
Court of Claims Act §§ 8, 9; N.Y. Const. art. VI, § 9

Appellate Division

The intermediate appellate court, sitting in four Departments. It reviews both the law and, unusually, the size of a damages award. First Department covers Manhattan and the Bronx; Second covers Brooklyn, Queens, Staten Island, Long Island and the lower Hudson Valley.

Jurisdiction
Appeals from Supreme Court and Court of Claims. It may review questions of fact as well as law.
Appeals go to
the Court of Appeals
Authority
N.Y. Const. art. VI, § 4; CPLR 5501

Court of Appeals

New York’s highest court, sitting in Albany with seven judges. It takes a small number of cases and generally reviews questions of law only, not the amount of a verdict.

Jurisdiction
Discretionary and limited appeals from the Appellate Division. Most civil appeals require leave.
Appeals go to
—
Authority
N.Y. Const. art. VI, § 3; CPLR 5601–5602

What to expect: common questions

Why is "Supreme Court" handling my case if it is not the highest court?

In New York, Supreme Court is the general trial court, established by article VI, § 7 of the State Constitution with unlimited original jurisdiction. The highest court in New York is the Court of Appeals. Almost every serious injury case is filed in Supreme Court in the county where the accident happened or where a party lives.

Will I have to go to court?

Usually far less than clients fear. Most appearances are conferences attended by the lawyers alone. The proceedings you personally attend are typically your deposition — the EBT — the defence medical examination, any mediation, and trial if the case is tried. Most cases resolve without a trial.

Related topics

Have a question about your own case?

This page states general principles. Applying them to your facts is what a consultation is for, and it is free.