C. Personal Jurisdiction

Question 1

What is required for NY to exercise ‘In Personam Jurisdiction’?*

Answer 1

General Jurisdiction

1) Presence
2) Consent
3) Domicile
4) Doing business

Specific Jurisdiction ('Long-arm jurisdiction')
- Must NOT exceed Due Process Clause limits (US + NY Constitutions)

Question 2

When may Foreign Corporation be subject to General Personal Jurisdiction?

Answer 2

Incorporated/PPB in NY
- Engaged in ‘continuous, permanent + substantial activity in NY’

NOT incorporated/PPB in NY
- Operations are substantial + renders Corporation ‘at home’

Question 3

What is difference between General and Specific Jurisdiction?

Answer 3

General Jurisdiction
- Court may hear ALL claims vs Entity

Special Jurisdiction
- Court may hear ONLY claims vs Entity’s claims arising out of its contact within State

Question 4

For what type of acts may NY Courts exercise PJ over Non-Domiciliaries?*

Answer 4

Commercial deals within NY!!!

• Supply goods
• Supply services

Tortious acts within NY
- NOT defamation!!!

Tortious acts outside NY + Injury caused within NY (Victim/Property must be located in NY at time of injury)

• D regularly does business/derives substantial revenue in NY
• D expects/reasonably expects consequences in NY + derives substantial revenue from business (interstate/international)
• NOT defamation!!!

Real property in NY!!!

• Owned
• Used
• Possessed

Matrimonial actions