NYLE - Civ Pro UPDATED Exam Questions
and CORRECT Answers
Bases for in personam jurisdiction - CORRECT ANSWER - 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).
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 - CORRECT ANSWER - 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) - CORRECT ANSWER - New York courts may
exercise personal jurisdiction over a non-domiciliary who in person or through an agent:
• 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
• 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
- CORRECT ANSWER - 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.
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 - CORRECT
ANSWER - 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,
(3) service upon an agent,
(4) affix-and-mail service, or
, (5) court-ordered service.
If personal service pursuant to (1) through (4) is impracticable, a court, upon a plaintiff's ex parte
application, has broad discretion to direct the manner by which service is to be made.
Mailing required by CPLR 308 (2) or (4) - CORRECT ANSWER - 1. must occur within
20 days of the delivery or affixing, and a later mailing will not cure the defect in service.
2. When mailing is made to a defendant's actual place of business, it must be
a. first class mail,
b. the envelope must be labeled "personal and confidential," and
c. it must not indicate that it is from an attorney.
Affix-and-mail service availability - CORRECT ANSWER - Affix-and-mail service is not
available unless service under subsections (1) and (2) cannot be made with due diligence.
Service in Matrimonial Actions - CORRECT ANSWER - Must be made under either
subdivision (1) (personal) or (5) (court-ordered)
Personal service upon a partnership - CORRECT ANSWER - Made pursuant to CPLR 310
by personally serving the process on any one of the partners utilizing any of the methods
authorized for service on an individual under CPLR 308.
A partnership may also be served by serving the managing or general agent of the partnership or
the person in charge of the partnership office within the state at such office, mailing the process
to the partner intended to be served by first class mail to his or her last known residence or the
partnership place of business, and thereafter filing proof of service.
Where service by any of those methods cannot be made with due diligence, it may be made by
affixing a copy of the process to the door of the actual pace of business of the partnership,
mailing the process to the partner intended to be served by first class mail to his or her last
known residence or the partnership place of business, and thereafter filing proof of service.
and CORRECT Answers
Bases for in personam jurisdiction - CORRECT ANSWER - 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).
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 - CORRECT ANSWER - 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) - CORRECT ANSWER - New York courts may
exercise personal jurisdiction over a non-domiciliary who in person or through an agent:
• 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
• 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
- CORRECT ANSWER - 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.
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 - CORRECT
ANSWER - 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,
(3) service upon an agent,
(4) affix-and-mail service, or
, (5) court-ordered service.
If personal service pursuant to (1) through (4) is impracticable, a court, upon a plaintiff's ex parte
application, has broad discretion to direct the manner by which service is to be made.
Mailing required by CPLR 308 (2) or (4) - CORRECT ANSWER - 1. must occur within
20 days of the delivery or affixing, and a later mailing will not cure the defect in service.
2. When mailing is made to a defendant's actual place of business, it must be
a. first class mail,
b. the envelope must be labeled "personal and confidential," and
c. it must not indicate that it is from an attorney.
Affix-and-mail service availability - CORRECT ANSWER - Affix-and-mail service is not
available unless service under subsections (1) and (2) cannot be made with due diligence.
Service in Matrimonial Actions - CORRECT ANSWER - Must be made under either
subdivision (1) (personal) or (5) (court-ordered)
Personal service upon a partnership - CORRECT ANSWER - Made pursuant to CPLR 310
by personally serving the process on any one of the partners utilizing any of the methods
authorized for service on an individual under CPLR 308.
A partnership may also be served by serving the managing or general agent of the partnership or
the person in charge of the partnership office within the state at such office, mailing the process
to the partner intended to be served by first class mail to his or her last known residence or the
partnership place of business, and thereafter filing proof of service.
Where service by any of those methods cannot be made with due diligence, it may be made by
affixing a copy of the process to the door of the actual pace of business of the partnership,
mailing the process to the partner intended to be served by first class mail to his or her last
known residence or the partnership place of business, and thereafter filing proof of service.
