CivPro Flashcards
What do the 4 departments consist of in NY?
1) NYC and Bronx
2) LI, Brooklyn, Queens, Staten Island, Westchester, Orange, and Putnum
3) Sullivan county to Canadian border and
4) Western NY
what type of jx does the 62 county courts have?
original jx
where do actions brought against state have to be brought?
in court of claims (Federal court)
what type of jx does the court of claims have?
exclusive jx
where are county courts located?
in every county outside of the 5 boroughs
what jx does the county courts have?
broad monetary jx unto 25k
what claims does a surrogate court hear?
all decedent estate, will, guardianships etc
what is heard in family court?
child abuse, neglect, child support, and paternity
what claims does the NYC civil courts hear?
matters up to $25k
what claims does the Nassau and Suffolk district courts hear?
civil cases unto $25k
what claims does city courts hear?
claims up to $15k
what claims does town and village courts hear?
claims up to $3,000
how can process be served with in the state?
1) personal service by a non-party at least 18 years of age
2) deliver-and-mail service
3) service upon an agent
4) affix-and-mail service, or
5) court-ordered service
when is nail and mail service sufficient?
at a last resort if unable to serve by other means
if personal service is impracticable under CPLR 308, what can be done?
a court, upon the plaintiff’s ex parte application, has broad discretion to direct the manner by which service is to be made.
when must the mailing of notice be mailed?
within 20 days of the delivery or affixing, and a later mailing will not cure defect in service
how should notice be served by mail to a defendant’s actual place of business?
by first class mail and the envelope must be labeled “personal and confidential” and it must not indicate that it is from an attorney.
when is serving by mail permitted to a defendant’s actual place f business?
when other methods of service cannot be made with due diligence
how should service be made on a partnership?
by personally serving on any one of the partners, utilizing any of the methods authorized for an individual or by serving the managing or general agent of the partnership or the person in charge of the partnership
what must be done if a particular method of service on either an individual or a partner requires proof of service?
filing is a prerequisite to the completion of service and the filing must be done within 20 days of the last pervious act to effect service
when is service complete?
10 days after filing
when does the defendant’s time to respond to a complaint start running?
not until service is complete
how should personal service upon a domestic or foreign corporation be made?
1) delivering process to an officer,
2) director,
3) managing or general agent, or
4) cashier or assistant cashier, or
5) to a registered agent,
6) or Secretary of State.
how is service made to a domestic or foreign LLC?
delivering process to
1) any member of the LLC. if the management of the LLC is vested in its members
2) any manager of the LLC, if management of the LLC is vested in one or more managers or
3) any other person or agent authorized or designated to receive process