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SENECA v. SENECA

293 A.D.2d 56 (2002)

741 N.Y.S.2d 375

J. CONRAD SENECA, Respondent, v. KEVIN SENECA, Appellant, et al., Defendant.

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

May 3, 2002.

Attorney(s) appearing for the Case

Phillips, Lytle, Hitchcock, Blaine & Huber LLP, Buffalo (Paul B. Zuydhoek of counsel), for defendant-appellant.

Zdarsky, Sawicki & Agostinelli, Buffalo (Joseph E. Zdarsky of counsel), for plaintiff-respondent.

PIGOTT, JR., P.J., KEHOE, BURNS and GORSKI, JJ., concur.

OPINION OF THE COURT

HURLBUTT, J.

The central issues presented on this appeal are whether Supreme Court has original subject matter jurisdiction concurrent with tribal courts to adjudicate a commercial dispute between two members of the Seneca Nation of Indians (Seneca Nation) and, if so, whether plaintiff must exhaust his remedies in a tribal court before Supreme Court may exercise its subject matter jurisdiction. For the reasons that follow, we conclude...

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