Where do I commence this type of case?

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Dear Avvo Lawyer,
I would like to start a case against a family member for unlawful and unethical eviction, monies imposed on me during closing costs, verbal , mental , emotional abuse, punitive damages, slander, and refusing me to give me my belongings. It is for over $25,000. Where do I file this type of case. In supreme court in Jamaica Queens , Surrogate court in Jamaica queen , or where . I live in queens NY. Incident happened in queens NY about 4 years ago. Defendant lives up-state NY.
Thank you . Sincerely for your time.

3 Attorney Answers

Surrogate's Court is for probate matters. You would sue in Supreme Court. It is not clear whether you have jurisdiction to sue the defendant in Queens versus upstate where the person lives. However, from what you wrote you may have a statute of limitations problem for some or all of your claims.
Dear Flushing Tenant:
You would use the Supreme Court in Queens County for a lawsuit with damages in excess of $25,000. A number of your claims lie beyond a three year statute of limitations.
See: http://codes.lp.findlaw.com/nycode/CVP/2/214
The "unlawful eviction" whether or not from a Housing Court eviction or from a wrongful and forcible eviction arising from Real Property Actions and Proceedings Law Section 853, are controlled by a one year statute of limitations contained at CPLR section 215:
">>>There remains a separate question of whether the plaintiffs' pendent state law claims are time-barred. These claims fall into two categories for the purposes of this motion. The first is the claim for forcible entry and detainer under RPAPL § 853. The second category includes those claims arising under RPAPL, Article 7, and the charge of conspiracy to violate Article 7. While neither of these sections contains a reference to a specific limitations period, New York courts have held that the one-year statute of C.P.L.R. § 215 is applicable to actions brought under section 853.>>>"
{Excerpt is from: http://www.plainsite.org/dockets/1zwedyuga/new-york-western-district-court/florence-v-krasucki/?add=1]
You may consider consulting an attorney to help identify legal claims that are within the statute of limitations.
that would be Supreme Queens or possibly Supreme where defendant lives. I suggest you speak with an attorney first and not try and handle this on your own. Many of the causes of action you mention may have had their statute of limitation run out already.

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