1. Introduction

Question 1

What are the three elements required in order to obtain a valid judgment?

Answer 1

1. Subject matter jurisdiction
2. A valid basis of jurisdiction over the Defendant
3. Proper service of process on the Defendant

Question 2

What is subject-matter jurisdiction?

Answer 2

The power of the court to hear the particular type of cause of action

Question 3

What is original subject matter jurisdiction of the Supreme Court?

Answer 3

It has general subject matter jurisdiction — unlimited monetary, full equity (all purpose)

Question 4

Does it matter what county the cause of action is brought in?

Answer 4

No, if the supreme court has jurisdiction, then they all do, regardless of the county

Question 5

How does a Plaintiff commence an action?

Answer 5

The Plaintiff’s lawyer drafts the initiatory papers (process)

Question 6

What are the two alternative types of process in NY?

Answer 6

1. A summons and complaint

2. A summons with notice

Question 7

What is a complaint?

Answer 7

The formal written allegations of the Plaintiff’s cause of action

Question 8

What is a summons with notice?

Answer 8

An abbreviated complaint. It lets the Plaintiff get the action started without a lot of paperwork. You will need to file a complaint at a later time.

Question 9

What must appear in the notice?

Answer 9

1. A brief statement of the nature of the action
2. Specify the relief being sought
3. If you seek damages, specify the amount of the damages

Question 10

What must the Plaintiff specify as the amount of damages if the action is for injury or wrongful death?

Answer 10

Nothing, the Plaintiff is not permitted to specify the amount of damages.

Question 11

What happens if the Plaintiff files the summons without a complaint or notice?

Answer 11

That is called a bare summons and it is a defect in personal jurisdiction, and therefore would be subject to dismissal

Question 12

Where do you file the process?

Answer 12

You file the process with the Court Clerk.

Question 13

What marks the measurement for the Statute of limitations?

Answer 13

The filing of process with the Court Clerk

Question 14

When must process be served on the Defendant?

Answer 14

No less than 120 days after the filing

Question 15

What can a Plaintiff do if the 120 day limit is about to expire?

Answer 15

The Plaintiff may make a motion to the Court requesting extra time to make the service

Question 16

Under what two reasons may the Court grant extra time to serve the Defendant?

Answer 16

1. Good cause — the Plaintiff is exercising diligence under the Court’s discretion, or
2. In the interest of justice

Question 17

What can a Defendant do if he wants to challenge the timelines of serving process?

Answer 17

He can file a motion to dismiss for untimely service

Question 18

If the service has been untimely, must the court grant a motion to dismiss for untimely service?

Answer 18

No. The Court may retroactively grant an extension of time to the Plaintiff.