Kagen v. Kagen - 21 N.Y.2d 532, 289 N.Y.S.2d 195, 236 N.E.2d 475 (1968)

Rule:

Under N.Y. Const. art. VI, § 7, (a), the Supreme Court of New York is endowed with general original jurisdiction in law and equity. Furthermore, if the legislature shall create new classes of actions and proceedings, the supreme court shall have jurisdiction over such classes of actions and proceedings, even though the legislature confer other courts with jurisdiction over these same actions and proceedings. N.Y. Const. art. VI, § 7, (c).

Facts:

The mother and father were divorced under a Mexican decree that required the father to pay child support. Through the mother, the children later filed the present action seeking a declaratory judgment that they were entitled to annual support and annual vacation and educational funds from the father. The trial court dismissed the action, holding that an action for support could only have been brought under N.Y. Dom. Rel. Law § 240 and that the Family Court had exclusive original jurisdiction of such actions under N.Y. Fam. Ct. Act §§ 115(a)(ii), 411. The appellate division reversed. The father appealed. 

Issue:

Did the trial court lack subject-matter jurisdiction over actions for support? 

Answer:

No.

Conclusion:

On further review, the court affirmed the judgment of the appellate division because it determined that N.Y. Const. art. VI, § 7, (a) expanded the jurisdiction of the trial court and endowed it with concurrent jurisdiction along with a specialized court to handle child support and maintenance issues.