In New York, the “Supreme Court” isn’t the highest court. It’s the main trial court, and in Erie County it’s where most serious injury lawsuits are filed. Smaller cases can go to Buffalo City Court, and very small ones to small claims. Here’s how to tell which fits, and what it costs to start.
Erie County Supreme Court
25 Delaware Avenue
Buffalo, NY 14202
(716) 845-9300
Monday through Friday, 9 a.m. to 5 p.m.
Supreme Court has unlimited jurisdiction over money claims, so any injury case can be filed here. Most crash cases with meaningful injuries are.
How do you start a case?
You start an action by filing a summons and complaint and buying an index number from the County Clerk, who is separate from the court. Under the Erie County Clerk’s fee schedule, the main fees are these.
- Index number, $210.
- Request for Judicial Intervention, which gets a judge assigned, $95.
- Motion or cross-motion, $45.
- Note of issue, $95 with a jury demand or $30 without one.
The Erie County Clerk’s Office is in Old County Hall, 92 Franklin Street, first floor, Buffalo, NY 14202. It’s open Monday through Friday, 9 a.m. to 5 p.m., and anyone filing in person should be in line by 4:15 p.m. The phone is (716) 858-8785. Many cases are filed electronically through the state’s NYSCEF system.
Buffalo City Court
50 Delaware Avenue
Buffalo, NY 14202
(716) 845-2600
Small Claims (716) 845-2663
Buffalo City Court hears civil cases up to $15,000. A crash case with modest damages, like a property damage dispute or a minor injury claim where the serious injury threshold is met but damages are limited, can be filed there. Fees are lower and the docket can move faster.
Small claims
Buffalo City Court’s small claims part handles claims up to $5,000, filed by individuals without the formality of a regular lawsuit. It suits a repair-bill dispute that an insurer refuses to pay. It’s usually a poor fit for injury claims, since the limit is low and a judgment can end your right to seek more. Suburban town and village courts have their own small claims parts with a $3,000 limit.
Court of Claims
Claims against New York State and the Thruway Authority go to the Court of Claims, not Supreme Court. See our Court of Claims guide.
What happens after filing?
- Service. The summons and complaint must be served on each defendant.
- Answer. The defendant’s insurer hires a lawyer, who answers and usually raises the serious injury threshold and comparative fault.
- Discovery. Both sides exchange medical documentation, bills and photos, and take depositions. The defense will likely ask for an independent medical exam.
- Threshold motion. The defense often moves for summary judgment on serious injury.
- Note of issue and trial. When discovery ends, the case is placed on the trial calendar. Many cases settle before or during this stage, sometimes through mediation.
Free help with court procedures
The 8th Judicial District’s Court Help Center at 77 West Eagle Street in Buffalo offers free procedural information and forms for people without lawyers. Its phone is (716) 845-1816, and it’s open Monday through Thursday, 10 a.m. to 4 p.m., closed 1 to 2 p.m. Staff can’t give legal advice. See our legal aid page for more.
What about federal court?
Some crash cases, often against out-of-state trucking companies, are filed in or moved to the U.S. District Court for the Western District of New York, which sits in Buffalo. Federal procedure is different, so a lawyer is especially important there.
The short version
- Most injury cases go to Erie County Supreme Court at 25 Delaware Avenue.
- Buy an index number for $210, and file an RJI for $95.
- Buffalo City Court handles claims up to $15,000, and its small claims part up to $5,000.
- Claims against the State go to the Court of Claims.
What the Erie County Clerk charges to start a civil case
The Erie County Clerk’s fee schedule lists an index-number fee of $210 to start a Supreme Court civil case, a request for judicial intervention at $95, a motion fee of $45, and a note of issue with a jury demand at $95. Those figures are what the clerk currently posts. Confirm them before you file, because the schedule changes. The clerk’s office is a different office from the court itself, and the fee to get a case number is only the start of what a Supreme Court filing can cost.
A smaller Buffalo City Court case does not use that same index-number schedule. City Court still has its own civil and small-claims limits, and choosing the lower-dollar court does not give you more time on New York’s three-year injury deadline or on a one-year-and-90-day government-claim deadline.
Filing in either court does not pause the first-party deadlines. A no-fault claim is still generally due within 30 days, and an MV-104 can still be due within 10 days of an injury crash. A government defendant still has its own notice period. The index number you buy from the Erie County Clerk starts the lawsuit, not those earlier filings.
If a death is involved, the wrongful death period is generally two years, not three, and a public defendant can have a 90-day notice. The clerk’s fee schedule does not change those dates.
Fees and hours change. Check with the clerk before filing. You can browse attorneys around Buffalo.