NY BAR REVIEW CIVIL PRACTICE AND PROCEDURE 2

Question 1

308 5 - court ordered service

Answer 1

the court upon motion, without notice, ex parte motion, duress, if service is impractical under paragraphs 1 2 4 of that section

Question 2

alternative service case

Answer 2

bideau, 2015 - def served by facebook, as no other method of service was practical

Question 3

serving def outside of NYS - which statute?

Answer 3

cplr , long arm statute

Question 4

papers may be served by whom?

Answer 4

person over age 18 whos not a party to the action cplr 2103

Question 5

ruffin v. lioncorp

Answer 5

where service upon def was technically not proper bc of location of process server’s residence , render that process server unauthorized to serve = mistake that is to be disregarded pursuant to cplr 2001

Question 6

personal jurisdiction - cplr 301

Answer 6

court may exercise over person, property , status

Question 7

what is jurisdiction over persons, property, status?

Answer 7

1. personal
2. in rem
3. quasi in rem

Question 8

what is in personam?

Answer 8

presence, consent, domicile, doing business, long arm

Question 9

what is personal jurisdiction?

Answer 9

has to have general jurisdiction or long arm.

Question 10

what is general jurisdiction?

Answer 10

permits court to hear all claims ag that def

Question 11

what is specific jurisdiction?

Answer 11

only hear the claims that arise out of def’s contacts with NY

Question 12

foreign corporation - subject to personal jurisdiction in nys when?

Answer 12

when present and doing business in the state, continuous permanent and substantial activity in nys

Question 13

daimler - US SC

Answer 13

corporation is subject to general jurisdiction,
can be sued on any claim,
ONLY if it is at home in foreign state= where incorporated and the state in which it maintains its principal place of business. The old standard was an exercise of personal jurisdiction so exorbitant, that its barred by due process constraints over the assertion of adjudicatory authority.

Question 14

traditional activity

Answer 14

substantial continuous systematic course of business.

Question 15

may standing alone subject a corporation to general jurisdiction?

Answer 15

NO

Question 16

due process

Answer 16

limits exercise of authority to state in which corp is at home - incorp in state or maintenance in state of principal place of business

Question 17

long arm bases for jurisdiciton

Answer 17

only specific jurisdiction is conferred, cause of action being sued on must arise out of def’s state connected activity

Question 18

state directed activities that permit the assertion of in personam jurisdiction

Answer 18

cause of action arising of acts enumerated, on any non domiciliary, his executive administrator, who in person or through an agent.

1. transacts in the state to supply goods within the state.
2. commits tortious act within the state, except cause of action for defamation
3. tortious act outside of ny causing injury to person or property within ny except causes of action for defamation of character

substantial revenue
expect to have consequences within the state, interstate or international commerce substantial revenue within the state
own use or possess any real property within the state
personal jurisdiction over a nonresident def in matrimonial action.

Question 19

long arm jurisdiction must not exceed limits imposed by what?

Answer 19

due process of NYS and USA

Question 20

venue, forum non conveniens

Answer 20

place of trial - county

Question 21

proper venue

Answer 21

cplr 503 504 506

Question 22

residence / venue

Answer 22

cplr 503

Question 23

venue

Answer 23

as of date of commencement of action, NOT date of accrual of claim

Question 24

venue ag municipal def’s

Answer 24

county in which municip def is located

Question 25

each of municip def’s can be sued where?

Answer 25

in 1 county - it can still be change by court , on motion, to the convenience of material witnesses

Question 26

municipal def’s - county must be sued where?

Answer 26

in the county

Question 27

city (except city of ny), town, village, school district, etc sued where?

Answer 27

county where its located

Question 28

city of ny must be sued where?

Answer 28

county within city in which cause of action arose or, if arose outside of nyc, in county of ny

Question 29

where is place of trial in which judgment of that action would affect interests and title to real property?

Answer 29

county in which any part of real prop is situated. if in 2 adjoining counties - proper in either.

Question 30

change of venue

Answer 30

on motion, based on:

1. improper county selected by plaintiff
2. impartial trial cannot be held - reason to believe
3. convenience of material witnesses and ends of justice will be promoted by the change

Question 31

forum non conveniens

Answer 31

cplr 327
court may decline to exercise jurisdiction under special circumstances - in interests of substl justice - either stay the action or dismiss in whole or in part.
the stay or dismissal MUST be on just conditions.
granted on motion by any party - notice of parties, opportunity to brief and be heard.

Question 32

statutes of limitations

Answer 32

in cplr .

wrongful death - elsewhere.

Question 33

cplr 201

Answer 33

NO court shall extend time limited by law to commence an action