ART 3 SERVICE BLAST Flashcards
- Personal jurisdiction by acts of non-domiciliaries.
A court can exercise personal jurisdiction over a non domiciliary, or his executor or administrator when they:
- Transacts any ___________ WITHIN the state, supplying goods or services
- Commits a ___________ WITHIN the state except for defamation of character
- Commits a ___________ OUTSIDE the state causing injury to a person or property WITHIN the state, except for defamation of character if he:
- (regularly does or solicits business, or engages in any other persistent course of conduct, or derives substantial revenue from goods used or consumed or services rendered, in the state, or expects or should reasonably expect the act to have consequences in the state and derives substantial revenue from interstate or international commerce)
- Owns, uses or possesses any ____________ WITHIN the state
business…..tortious act…… tortious act …….. real property
307- Personal Service Upon the State
1.This is made by delivering the summons to either the ___________ at an office of the Attorney General or to the Attorney General within the state
Assistant Attorney General
307- Personal Service Upon the State
- Personal service on a state officer sued in his official capacity is to deliver the summons to
- the state officer or the chief executive officer of such agency or designee of the agency (AND/OR)
- by (mailing the summons by certified mail return receipt requested to one of the above stated persons AND
- by personal service on the assistant attorney-general at an office of the attorney-general or to the attorney-general within the state)
Certified mail must bear the legend “________________ “.
Service by certified mail shall not be complete until the summons is received in a principal office of the agency and until personal service upon the assistant attorney-general at an office of the attorney-general or to the attorney-general within the state
OR…. URGENT LEGAL MAIL
Partnership (Sec. 310)- (similar to service on an individual)
Is made by serving any one of _________
Personal service within the state may also be made by serving the managing or general __________or person in charge of ____________ AND by mailing the summons to the partner to be served by _____________ to his or her last known residence or the place of business of the partnership.
Proof of service must be filed within ___________ and service is complete ____________ thereafter.
the partners…. agent ….the office….First class mail…. TWENTY(20)DAYS ……. TEN (10) DAYS
Partnership (Sec. 310)- (similar to service on an individual)
lf service on a Partnership cannot be made by serving any of the appropriate persons, Nail and Mail can be done by affixing to the door of the partnership and by mailing to ____________ last known address or to business address.
partner’s
Partnership (Sec. 310)- (similar to service on an individual)
Lastly, service may be made upon any _______________ by the partnership or designated in the county clerk’s office to receive service for the partnership; or as the court directs
Partnership (Sec. 310)- (similar to service on an individual)
Lastly, service may be made upon any _______________ by the partnership or designated in the county clerk’s office to receive service for the partnership; or as the court directs
310a- Personal Service Upon a limited Partnership
Service must be made on a limited partnership by personally serving:
THE MOGG (He’s his own best friend) or as the court directs:
- MANAGING AGENT
- (Any) OTHER PERSON APPOINTED TO
RECEIVE SERVICE - GENERAL AGENT
- GENERAL PARTNER
311 - Personal Service Upon a Corporation or Governmental Subdivision
Personal service upon a domestic or foreign corporation is made by serving the summons upon: A MAC DOG
ASSISTANT CASHIER
MANAGING AGENT
ANY OTHER AGENT APPOINTED BY LAW
CASHIER
DIRECTOR
OFFICER
GENERAL AGENT
Don’t fall for “stockholder’’ as often an exam question will suggest to try to trick you
- Service upon a Governmental Subdivision:
Upon City of NY -
Corporation Counsel or any other authorize person designated to receive process in a writing filed in the county clerk’s office
Or As the court directs
- Service upon a Governmental Subdivision:
Any other city-
Serve the mayor, comptroller, counsel or clerk, treasurer
Or As the court directs
- Service upon a Governmental Subdivision:
Upon a county -
To the chair or clerk of the board of supervisors, clerk, attorney or treasurer
Or As the court directs
- Service upon a Governmental Subdivision:
Upon a town-
to the Supervisor or clerk
Or As the court directs
- Service upon a Governmental Subdivision:
Upon a village -
Serve the mayor, clerk, or trustee
Or As the court directs
- Service upon a Governmental Subdivision:
Upon a school district -
to a school officer
Or As the court directs
- Service upon a Governmental Subdivision:
Upon Park, sewage, or other District-
any trustee or board Member
Or As the court directs
