NY BAR REVIEW CIVIL PRACTICE AND PROCEDURE 2 Flashcards
308 5 - court ordered service
the court upon motion, without notice, ex parte motion, duress, if service is impractical under paragraphs 1 2 4 of that section
alternative service case
bideau, 2015 - def served by facebook, as no other method of service was practical
serving def outside of NYS - which statute?
cplr , long arm statute
papers may be served by whom?
person over age 18 whos not a party to the action cplr 2103
ruffin v. lioncorp
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
personal jurisdiction - cplr 301
court may exercise over person, property , status
what is jurisdiction over persons, property, status?
- personal
- in rem
- quasi in rem
what is in personam?
presence, consent, domicile, doing business, long arm
what is personal jurisdiction?
has to have general jurisdiction or long arm.
what is general jurisdiction?
permits court to hear all claims ag that def
what is specific jurisdiction?
only hear the claims that arise out of def’s contacts with NY
foreign corporation - subject to personal jurisdiction in nys when?
when present and doing business in the state, continuous permanent and substantial activity in nys
daimler - US SC
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.
traditional activity
substantial continuous systematic course of business.
may standing alone subject a corporation to general jurisdiction?
NO
due process
limits exercise of authority to state in which corp is at home - incorp in state or maintenance in state of principal place of business
long arm bases for jurisdiciton
only specific jurisdiction is conferred, cause of action being sued on must arise out of def’s state connected activity
state directed activities that permit the assertion of in personam jurisdiction
cause of action arising of acts enumerated, on any non domiciliary, his executive administrator, who in person or through an agent.
- transacts in the state to supply goods within the state.
- commits tortious act within the state, except cause of action for defamation
- 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.
long arm jurisdiction must not exceed limits imposed by what?
due process of NYS and USA
venue, forum non conveniens
place of trial - county
proper venue
cplr 503 504 506
residence / venue
cplr 503
venue
as of date of commencement of action, NOT date of accrual of claim
venue ag municipal def’s
county in which municip def is located
