Legal Question in Civil Litigation in New York

Re: challenging subject matter jurisdiction

Usually reserved for federal court, questions of subject matter jurisdiction deal with whether the court has authority to rule on certain things: a federal statute, the constitution, or a diversity jurisdiction case fall into federal subject matter jurisdiction. Everything else is State. Some things overlap.

If its an issue you make a motion to dismiss.

Re: challenging subject matter jurisdiction

A good question.

Assuming it is in the scope of lawsuit, you can make a motion to dismiss based on lack of jurisdiction or you can assert it as an affirmative defense in your pleadings.

Re: challenging subject matter jurisdiction

By motion or affirmative defense, or both.

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Re: challenging subject matter jurisdiction

In federal courts, a party may challenge subject-matter jurisdiction either in a pre-answer motion, or as part of a responsive pleading. See Fed. R. Civ. P. 12(b)(1). Any party, or the court itself, may raise the issue of subject-matter jurisdiction at any time; if the court indeed lacks jurisdiction, it must dismiss the action. See Fed. R. Civ. P. 12(h)(3). New York State practice is in accord with this.

Re: challenging subject matter jurisdiction

Mr. Golanski is absolutely correct.

In either case, federal or state court, parties can not vest a court with subject matter jurisdiction. If a court lacks subject matter jurisdiction the issue can be raised, in a pleading or in a motion, at any time, even post judgment, and the court must reject the action even if it means vacating a decision or judgment.