CPLR ART 3 volume 2

Question 1

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

Answer 1

Assistant Attorney General

Question 2

307- Personal Service Upon the State

2. 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

Answer 2

OR…. URGENT LEGAL MAIL

Question 3

307- Personal Service Upon the State

The chief executive officer of every such agency shall designate at least ________, in addition to himself or herself, to accept personal service on behalf of the agency.

Answer 3

one person

Question 4

308 Personal service Upon Natural Person- (YOU MUST KNOW THIS SECTION)
There are five basic methods:

PSPNA

Answer 4

1. Personal delivery to the person named in the summons
2. SAD service (Upon a person of suitable age and discretion)
3. Personal delivery to the agent for service of the defendant
4. Nail and Mail
5. As the court upon motion directs - Ex. Service by publication

Question 5

308 Personal service Upon Natural Person- (YOU MUST KNOW THIS SECTION)

Suitable Age and Discretion:

• By delivering to someone of suitable age at the person’s last known residence or actual place of business, dwelling or abode AND mailing the summons by ____________ to their last known residence or place of business bearing the legend “Personal and Confidential”.
• Delivery and mailing must be made within _____________ of each other.
• Proof of service MUST be filed with the court (clerk) within _______________ of the latter of the delivery or mailing. Service is then complete ___________ after filing proof of Service

Answer 5

first class mail ……. TWENTY(20) DAYS…….. TWENTY(20) DAYS…… TEN (10) DAYS

Question 6

308 Personal service Upon Natural Person- (YOU MUST KNOW THIS SECTION)

Substituted service- (Nail and Mail):

• This can be done when service cannot be made with due diligence by methods of Personal Delivery or SAD service. lt involves affixing the summons to the actual place of business or usual abode and by mailing the summons to the last known residence or the actual place of business bearing the legend “Personal and confidential”.
• Such affixing and mailing to be effected within _______________ of each other. Proof of service to be filed within ________________ of the latter. Service is complete _____________ thereafter
• Except: Nail and Mail service in a _________ Action requires court order

Answer 6

TWENTY(20)DAYS……… TWENTY(20)DAYS…….. TEN(10)DAYS……….
Matrimonial

Question 7

308 Personal service Upon Natural Person- (YOU MUST KNOW THIS SECTION)

Designation of agent for service-(as per CPLR 318)

• A person may be designated by a natural person, corporation or partnership as agent for service.
• The designation SHALL be in writing and executed in the same manner as a _______ with the consent of the agent.
• The writing is to be filed in the office of the county clerk in which the __________resides or has his office.
• The designation will remain in effect for ____________ , unless revoked by filing a revocation, death etc.
• This type of service requires court order for ___________ action

Answer 7

deed….principal …..THREE(3)YEARS……Matrimonial

Question 8

308 Personal service Upon Natural Person- (YOU MUST KNOW THIS SECTION)

As the court upon motion directs

Upon motion ____________ notice if service has been unable to be effectuated by any other means, and due diligence has been demonstrated, other means of service may be attempted left to the court’s imagination, but generally service by Publication is ordered

Answer 8

without

Question 9

309 Personal Service Upon an infant, lncompetent or Conservatee

In the case of an infant, made by personally serving the summons within the state upon the _______________, ____________ or person having legal custody of the infant. lf the infant is married, then service upon the ____________ with whom the infant resides.

lf none are within the state, by serving upon any other person with whom the infant resides, or is ___________ by.

Answer 9

Parent, guardian …..adult spouse ….employed

Question 10

309 Personal Service Upon an infant, lncompetent or Conservatee

lf the infant is of the age of ______________ or over, then service must be made upon the infant as well, within the state.

Answer 10

FOURTEEN(I4)

Question 11

309 Personal Service Upon an infant, lncompetent or Conservatee

Personal service upon a judicially declared lncompetent is made by serving upon the __________ appointed to manage the incompetent’s affairs and upon the incompetent

The court (MAY/MAY NOT) dispense with the service upon the incompetent

Answer 11

committee……. MAY

Question 12

309 Personal Service Upon an infant, lncompetent or Conservatee

ln the case of conservatees, (now incapacitated persons), personal service is made upon the conservatee and the duly appointed __________ , as in the case of the incompetent, the court (MAY/MAY NOT) dispense with the service upon the conservatee

Answer 12

conservator…. MAY

Question 13

Partnership (Sec. 310)- (similar to service on an individual)

Service on Partnership:

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.

Answer 13

the partners…. agent ….the office….First class mail…. TWENTY(20)DAYS ……. TEN (10) DAYS

Question 14

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.

Answer 14

partner’s

Question 15

Partnership (Sec. 310)- (similar to service on an individual)

Service on partnership:

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

Answer 15

other person designated

Question 16

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:

Answer 16

• MANAGING AGENT
• (Any) OTHER PERSON APPOINTED TO
  RECEIVE SERVICE
• GENERAL AGENT
• GENERAL PARTNER

Question 17

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

Answer 17

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

Question 18

311. Service upon a Governmental Subdivision:

Upon City of NY -

Answer 18

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

Question 19

311. Service upon a Governmental Subdivision:

Any other city-

Answer 19

Serve the mayor, comptroller, treasurer, counsel or clerk

Or As the court directs

Question 20

311. Service upon a Governmental Subdivision:
     Upon a county -

Answer 20

To the chair or clerk of the board of supervisors, clerk attorney or treasurer

Or As the court directs

Question 21

311. Service upon a Governmental Subdivision:

Upon a town-

Answer 21

to the Supervisor or clerk

Or As the court directs

Question 22

311. Service upon a Governmental Subdivision:

Upon a village -

Answer 22

Serve the mayor, clerk, or trustee
Or As the court directs

Question 23

311. Service upon a Governmental Subdivision:

Upon a school district -

Answer 23

to a school officer

Or As the court directs

Question 24

311. Service upon a Governmental Subdivision:

Upon Park, sewage, or other District-

Answer 24

any trustee or board Member
Or As the court directs

Question 25

312- Personal Service Upon a Court, Board or Commission

Service upon a court consisting of three or more judges may be made by delivering the summons to_______________

Answer 25

any one of them.

Question 26

312- Personal Service Upon a Court, Board or Commission

Service upon a board or commission may be made in general by serving any ____________ of the board or commission

Answer 26

member

Question 27

312-a. Personal service by mail.

• No other method need be attempted before using service by mail.
• No process server is needed.
• What is mailed to the defendant is the pleadings along with ___________ copies of the “___________ “ and “___________ “, along with a return envelope with postage prepaid.
• If another method of service is attempted, the plaintiff must indicate in a notice to the defendant if service was previously attempted by _________
• lf the defendant is willing to accept such service he/she completes the acknowledgment and mails it back acknowledging service within __________ of receipt
• Service is complete on the date the ______________________ is mailed or delivered to sender.
• The ____________________________ is proof of service

Answer 27

TWO (2)…… Statement of service by mail………. Acknowledgment of receipt….. mail….. THIRTY (30) DAYS…signed acknowledgment of receipt……. signed acknowledgment of receipt

Question 28

312-a. Personal service by mail.

The defendant must ANSWER the summons within _____________ after the date the signed acknowledgment of receipt is mailed or delivered to the sender

The acknowledgment of receipt of service shall be subscribed and affirmed as true under penalties of perjury and shall have the same force and effect as an ____________

Answer 28

TWENTY(20) DAYS ………..affidavit.

Question 29

312-a. Personal service by mail.
Where the signed acknowledgment of receipt is not returned within ______________ after receipt of the documents mailed, the costs of the alternative method of service can be entered as a judgment against the defendant

Answer 29

thirty (30) days

Question 30

312-a. 313- Service without the state giving personal jurisdiction

(Bard) A person domiciled in New York or subject to the jurisdiction of the New York courts can be served with a summons outside of New York in the same manner as service is made within New York.

Answer 30

312-a. 313- Service without the state giving personal jurisdiction

(Bard) A person domiciled in New York or subject to the jurisdiction of the New York courts can be served with a summons outside of New York in the same manner as service is made within New York.

Question 31

314- Service Outside the State NOT Giving Personal Jurisdiction:

Service may be made without the state by any person authorized by section 313 in the same manner as service is made within the state:

• In a ___________ action
• In an action where the person’s interest or lien upon specific ________ or ___________ property located in New York. (This includes lawsuits seeking to exclude the person from the property, enforce, regulate, define, or limit their interest in the property, or otherwise affect the title to the property, including interpleaders.)
• where a levy upon property of the person to be served has been made within the state pursuant to an order of attachment or a _________ of such person has been seized in an action to recover a _____________ (mooooooo)

Answer 31

matrimonial….real or personal…… Chattel………..Chattel

EX. lf one of the spouses of a marriage is a domiciliary of the state, the marriage is deemed present within the state even though there may not be personaI jurisdiction over the other spouse. ln this instance the court cannot award alimony. This is jurisdiction over…the marriage only.