NEW YORK EXAM GUIDE QUESTIONS
AND ANSWERS
Service on Infants - ANSWER -When defendant is an infant, the infant is named as
defendant on the summons, but process must be served on a:
(1) Parent
(2) Guardian
(3) Legal Custodian, or
(4) Adult Spouse with whom the infant resides
If infant is over 14, process must also be served on the infant himself.
Service on Mentally Incapacitated Person - ANSWER -When defendant is a mentally
incapacitated person for whom the court has appointed a guardian, process must be
served on the incapacitated person and the guardian.
Service on Corporation - ANSWER -Plaintiff may serve a corporation by:
(1) Personal service on a corporate representative:
(a) Officer
(b) Director
(c) Designated Agent
(4) Managing Gent
(2) Service on the NY Secretary of State
(for a domestic corporation or authorized foreign corporation) - plaintiff must deliver 2
copies, one of which will be mailed to the corporation.
(3) For an unlicensed corporation, plaintiff must deliver 1 copy to the NY Secretary of
State, and mail one copy to the corporation by certified mail, return receipt requested.
Non-Traditional Method: Service by First Class Mail PLUS Acknowledgement -
ANSWER -Plaintiff must mail process, enclosuing 2 copies of a statutory
acknowledgment form, plus a return envelope, postage prepaid, addressed to sender.
Service is effective only if defendant signs and returns one of the acknowledgement
forms to plaintiff within 30 days of receipt.
Service is complete upon plaintiff's posting of the signed form.
Service Outside of New York - ANSWER -Under the CPLR, the same methods that are
used to serve a defendant in NY are used when the defendant is located outside of NY.
,The CPLR permits service on a defendant outside of New York by:
(1) any NY resident at least 18 years old (non-party)
(2) an attorney licensed in the jurisdiction where service is made,
(3) any person who is authorized to serve process under the laws of the jurisdiction
where service is made.
Personal Jurisdiction
(HIGH: 3 of 37 exams) - ANSWER -In order for a court to have personal jurisdiction
over a defendant, the defendant must either:
General:
(a) be served in New York State,
(b) be domiciled in New York State,
(c) be a corporation "at home" in New York
Specific:
(d) be subject to Long-Arm jurisdiction,
(e) be subject to the Non-Resident Motorist Statute
Consent:
(f) forum selection clause
(g) corporate license in NY (in question)
Under the New York CPLR, New York courts can assert long-arm jurisdiction if:
(1) the conduct is placed within the NY long-arm statute,
(2) there are minimum contacts, AND
(3) the notions of fair play and substantial
justice are not offended.
Long Arm Jurisdiction
(HIGH: 3 of 37 exams) - ANSWER -Under New York's long-arm statute, a court will
have jurisdiction over a defendant if the claim against him arose from:
(1) a transaction of business in New York;
(2) contracting to provide goods and/or services in New York;
(3) the commission of a tortious act in New York, except as to a cause of action for
defamation of character arising from the tortious act;
, (4) the commission of a tortious act outside New York causing injuries in New York, plus
either:
(a) the defendant regularly solicits business or engages in any other persistent course
of conduct in New York,
(b) derives substantial revenue from goods used or consumed or services rendered in
New York, or
(c) expects or should reasonably expect
the act to have consequences in New York and derives substantial revenue from
interstate or international commerce including NY; OR
(5) the ownership, use or possession of real property in New York.
Defamation claims are excluded from both of the tortious act categories!
Non-Resident Motorist Statute - ANSWER -The non-resident motorist statute confers
personal jurisdiction over an accident claim arising from a nondomiciliary motorist's
ownership or use of an auto on a NY roadway.
Service:
plaintiff must personally serve one copy on the NY Secretary of State and mail a second
copy to defendant's out-of-state residence by certified mail.
Applies to nondomiciliary vehicle owners who gave permission to drive in NY!
Matrimonial Jurisdiction - ANSWER -To obtain a divorce, separation, or annulment, all
that is necessary is that plaintiff spouse is a domiciliary of NY.
The court has in rem jurisdiction over the marriage - personal jurisdiction is not
necessary.
However, defendant must be served personally! Alternative methods may not be used
without court order.
Matrimonial Long-Arm Statute - ANSWER -When plaintiff spouse is a resident of NY,
long-arm jurisdiction can be acquired over the defendant spouse for monetary support
if:
(1) NY was the matrimonial domicile shortly before their separation
(2) defendant abandoned plaintiff in NY
(3) defendant's monetary obligation accrued under an agreement executed in NY, OR
(4) defendant's monetary obligation accrued "under the laws of NY."
AND ANSWERS
Service on Infants - ANSWER -When defendant is an infant, the infant is named as
defendant on the summons, but process must be served on a:
(1) Parent
(2) Guardian
(3) Legal Custodian, or
(4) Adult Spouse with whom the infant resides
If infant is over 14, process must also be served on the infant himself.
Service on Mentally Incapacitated Person - ANSWER -When defendant is a mentally
incapacitated person for whom the court has appointed a guardian, process must be
served on the incapacitated person and the guardian.
Service on Corporation - ANSWER -Plaintiff may serve a corporation by:
(1) Personal service on a corporate representative:
(a) Officer
(b) Director
(c) Designated Agent
(4) Managing Gent
(2) Service on the NY Secretary of State
(for a domestic corporation or authorized foreign corporation) - plaintiff must deliver 2
copies, one of which will be mailed to the corporation.
(3) For an unlicensed corporation, plaintiff must deliver 1 copy to the NY Secretary of
State, and mail one copy to the corporation by certified mail, return receipt requested.
Non-Traditional Method: Service by First Class Mail PLUS Acknowledgement -
ANSWER -Plaintiff must mail process, enclosuing 2 copies of a statutory
acknowledgment form, plus a return envelope, postage prepaid, addressed to sender.
Service is effective only if defendant signs and returns one of the acknowledgement
forms to plaintiff within 30 days of receipt.
Service is complete upon plaintiff's posting of the signed form.
Service Outside of New York - ANSWER -Under the CPLR, the same methods that are
used to serve a defendant in NY are used when the defendant is located outside of NY.
,The CPLR permits service on a defendant outside of New York by:
(1) any NY resident at least 18 years old (non-party)
(2) an attorney licensed in the jurisdiction where service is made,
(3) any person who is authorized to serve process under the laws of the jurisdiction
where service is made.
Personal Jurisdiction
(HIGH: 3 of 37 exams) - ANSWER -In order for a court to have personal jurisdiction
over a defendant, the defendant must either:
General:
(a) be served in New York State,
(b) be domiciled in New York State,
(c) be a corporation "at home" in New York
Specific:
(d) be subject to Long-Arm jurisdiction,
(e) be subject to the Non-Resident Motorist Statute
Consent:
(f) forum selection clause
(g) corporate license in NY (in question)
Under the New York CPLR, New York courts can assert long-arm jurisdiction if:
(1) the conduct is placed within the NY long-arm statute,
(2) there are minimum contacts, AND
(3) the notions of fair play and substantial
justice are not offended.
Long Arm Jurisdiction
(HIGH: 3 of 37 exams) - ANSWER -Under New York's long-arm statute, a court will
have jurisdiction over a defendant if the claim against him arose from:
(1) a transaction of business in New York;
(2) contracting to provide goods and/or services in New York;
(3) the commission of a tortious act in New York, except as to a cause of action for
defamation of character arising from the tortious act;
, (4) the commission of a tortious act outside New York causing injuries in New York, plus
either:
(a) the defendant regularly solicits business or engages in any other persistent course
of conduct in New York,
(b) derives substantial revenue from goods used or consumed or services rendered in
New York, or
(c) expects or should reasonably expect
the act to have consequences in New York and derives substantial revenue from
interstate or international commerce including NY; OR
(5) the ownership, use or possession of real property in New York.
Defamation claims are excluded from both of the tortious act categories!
Non-Resident Motorist Statute - ANSWER -The non-resident motorist statute confers
personal jurisdiction over an accident claim arising from a nondomiciliary motorist's
ownership or use of an auto on a NY roadway.
Service:
plaintiff must personally serve one copy on the NY Secretary of State and mail a second
copy to defendant's out-of-state residence by certified mail.
Applies to nondomiciliary vehicle owners who gave permission to drive in NY!
Matrimonial Jurisdiction - ANSWER -To obtain a divorce, separation, or annulment, all
that is necessary is that plaintiff spouse is a domiciliary of NY.
The court has in rem jurisdiction over the marriage - personal jurisdiction is not
necessary.
However, defendant must be served personally! Alternative methods may not be used
without court order.
Matrimonial Long-Arm Statute - ANSWER -When plaintiff spouse is a resident of NY,
long-arm jurisdiction can be acquired over the defendant spouse for monetary support
if:
(1) NY was the matrimonial domicile shortly before their separation
(2) defendant abandoned plaintiff in NY
(3) defendant's monetary obligation accrued under an agreement executed in NY, OR
(4) defendant's monetary obligation accrued "under the laws of NY."
