B. Commencement of Action & Service of Process Flashcards
What is required for commencement of actions (NOT in Town/Village Courts)?*
1) Summons + either;
- Complaint
- Notice
2) Filing
- By paper
- By electronic (if authorised)
3) With Clerk of Court in concerned county
When is Non-Domiciliary subject to PJ in NY?
Commences action in NY
Plaintiff files claim vs Non-Domiciliary in pending action
What is the time period for service of process after filing?
120 days
Statute of Limitations
- If expiry within 4 months => Must serve within 15 days after SoL expires
What happens if service of process is NOT timely made/Statute of Limitation expires?
Dismissal of action
- NO prejudice
Request extension of time for service
- While action is pending
- Based on good cause/interests of justice
How may Court determine good cause/interest of justice?
Good cause
- Reasonable diligence in attempting to effect service on D
- SoL expiration
- Claim’s merits
- Length of delay
- Request’s promptness
- Prejudice to D
Interest of justice
- Broader + flexible ground
What are the types of methods of personal service upon natural persons?*
Personal delivery
Deliver-and-mail service
1) Delivery of process to D (suitable age + discretion) at D’s;
- Actual place of business
- Dwelling
- Usual place of abode
2) Mailing process to D’s;
- Last known residence
- Actual place of business
3) Filing proof of service
Service upon agent
Affix(nail)-and-mail service
1) Affixing (nailing) to door of D’s;
- Actual place of business
- Dwelling
- Usual place of abode
2) Mailing process to D’s;
- Last known residence
- Actual place of business
3) Filing proof of service
- ONLY available if Personal Service/Deliver-and-mail Service can NOT be made with due diligence
Court-ordered service
Who in partnerships may service of process be made upon?*
Personal service to Partner
Personal service to Other
1) Personal service to either;
- Managing/General agent
- Person in charge of office (within concerned state)
2) Mailing (first class) process to Intended Partner’s;
- Last known residence
- Partnership place of business
3) Filing proof of service
By when must D respond?
Within 10 days after filing (when service is complete)
Who in domestic/foreign corporations may service of process be made upon?*
Personal service
- Officer
- Director
- Managing/General agent
- Cashier/Assistant cashier
- Registered agent/SoS
Who in domestic/foreign LLC may service of process be made upon?*
LLC Member
- LLC management must be vested in its Members
LLC Manager
- LLC management must be vested in its Managers
SoS
How may persons domiciled in NY be served outside NY?*
Same manner as service made within NY
- By same parties authorised to make service inside/outside NY
