NYLE Civ. Pro. Exam Questions and Answers 100% Pass

NYLE Civ. Pro. Exam Questions and Answers 100% Pass Bases for in personam jurisdiction - 1. presence, 2. consent, 3. domicile, 4. doing business (subject to constitutional limits of "at home" or "essentially at home") and 5. "long-arm jurisdiction." The first four of these bases fall within CPLR 301 (General jurisdiction statute). 2 100% Pass Guarantee Katelyn Whitman, All Rights Neither CPLR 302 (regarding long-arm jurisdiction), nor any similar provision that deals with acquisition of jurisdiction in particular situations, supersedes or operates as a limitation upon acquisition of jurisdiction over persons, property or status as previously permitted under common law and judicial decision. Jurisdiction over nondomiciliary Ps - A nondomiciliary who commences an action in New York, even if he or she is not otherwise subject to personal jurisdiction in New York, submits himself or herself to personal jurisdiction in any separate action brought against him or her by any party to the pending action and is deemed to have designated his or her New York attorney as an agent upon whom process may be served in such separate action (CPLR 303). A defendant can use CPLR 303 to acquire jurisdiction over the nondomiciliary plaintiff in a separate action instead of interposing a counterclaim. Long-Arm Jurisdiction (CPLR 302) - New York courts may exercise personal jurisdiction over a non-domiciliary who in person or through an agent: 3 100% Pass Guarantee Katelyn Whitman, All Rights • Transacts any business/contracts to supply goods or services within New York; • Commits a tortious act within New York (except defamation); • Commits a tortious act outside New York that causes injury within New York (the injured person or damaged property must be located in the state at the time of the injury or damage), except as to a cause of action for defamation, if the defendant (i) regularly does or solicits business, or engages in any other persistent course of conduct in New York, or derives substantial revenue from goods used or consumed or services rendered in New York, or (ii) expects or reasonably should expect the act to have consequences in New York and derives substantial revenue from interstate or international commerce; or 4 100% Pass Guarantee Katelyn Whitman, All Rights • Owns, uses, or possesses real property within New York. CPLR 302 (b) also confers personal jurisdiction over a non-resident defendant in a matrimonial action if certain prerequisites are satisfied (See Matrimonial and Family Law, II.D.). Commencement by filing, including electronic filing: CPLR 304; 22 NYCRR 202.5-b, 202.5-bb - Except in town and village justice courts, actions are commenced by the paper filing or, where authorized or required in some counties and as to certain types of actions, electronic filing of a summons and complaint, or summons with notice, with the clerk of the court in the county where the action is brought. If a complaint is not served with the summons, the summons must contain a notice stating the nature of the action and the relief sought in the action, and except in medical malpractice actions, the sum of money for which judgment may be taken in the event of a default. 5 100% Pass Guarantee Katelyn Whitman, All Rights In town and village justice courts, an action may only be commenced and jurisdiction acquired by service of a summons, Service of process within the state: CPLR 303, 306-b, 308, 310, 311, 311-a, 312-a - Personal service in an action upon a natural person must be made by any non-party at least 18 years of age pursuant to one of the CPLR 308 subsections: (1) personal delivery, (2) deliver-and-mail service