CPLR: Personal Jurisdiction and Venue

Question 1

How does NY gain personal jurisdiction over persons within the state?

Answer 1

PJ If:

(1) personal service
(2) the person is a domiciliary of NY (resides in NY with intent to remain), or
(3) the person has given consent to personl jurisdiction

Question 2

How does NY gain personal jurisdiction over Non-domiciliaries?

Answer 2

The court will look at all of the contact that the D has with NY and the limitations imposed by the long arm statute.
PJ will exist over D when
(1) D purposely avails himself of the state;
(2) it was foreseeable that the D would be brought into NY court; or
(3) jurisdiction does not offend tradition notions of fair play and substantial justice

Question 3

the type of contacts that NY uses to determine long arm jurisdiction are:

Answer 3

(1) business transactions within the state
(2) contracts to supply goods within the state
(3) tortious acts within the state (not defamation)
(4) tortious acts outside the state that cause injury to NY plaintiff/property
(5) ownership, use, or possession of any real property

Question 4

venue may be based upon

Answer 4

location of property, location of parties, or terms of a contract

Question 5

basic grounds for changing venue include:

Answer 5

(1) the case was not brought in a proper county;
(2) an impartial trial cannot occur in that county;
(3) the venue is inconvenient for a material witness

Question 6

when does forum non conveniens apply?

Answer 6

upon the motion of any party, the court may find that the case should be hear in another forum in the interst of substantial justice. Factors include: availability of witnesses, location of cause of action, whether either party is a NY resident, the availability of an alternative forum, the relative burdens of the court