NYLE Civil Practice and Procedure
QUESTIONS WITH ANSWERS
In Personam Jurisdiction - correct answer ✔✔ Jurisdiction over a person within the territorial
reach of the adjudicating court.
There are five bases for in personam jurisdiction in NY:
(1) presence;
(2) consent;
(3) domicile;
(4) doing business (subject to constitutional limits); and
(5) "long-arm" jurisdiction.
**First 4 are under CPLR 301, while last is under CPLR 302.**
Further, a non-domiciliary in NY, even if they do not otherwise subject to the personal
jurisdiction of NY, submits themselves to personal jurisdiction in any separate action brought
against them by any party to the pending action and is deemed to have designated their NY
attorney as an agent upon whom process may be served in such separate action.
**CPLR 303; can institute separate action, need not interpose counterclaim.**
Constitutional Limits on Personal Jurisdiction - correct answer ✔✔ Under NY Law, for a plaintiff
to demonstrate personal jurisdiction over a defendant, the plaintiff must have either general
jurisdiction under CPLR 301 or long-arm jurisdiction under CPLR 302.
,General jurisdiction permits a court to hear all claims against an entity, while specific jurisdiction
permits a court to hear only those claims that arise out of the entity's contacts within the state.
For corporations, under Daimler, general personal jurisdiction cannot be asserted based solely
on the corporation's continuous and systematic business activity in NY. Rather, due process
limits the exercise of general jurisdiction to a state in which the corporation is "at home." If a
corporation is not incorporated in NY or maintaining its principal place of business therein, NY
courts will only exercise general personal jurisdiction in the exceptional case where the foreign
corporation's operations are "so substantial and of such a nature as to render the corporation
essentially 'at home.'"
Long-Arm Jurisdiction - correct answer ✔✔ Confers only specific jurisdiction, meaning that the
cause of action must arise out of the defendant's state-connected activity. CPLR 302 contains a
list of specific state-connected acts that permit the assertion of in personam jurisdiction as to a
cause of action arising from those acts. These include where a non-domiciliary or their agent:
(1) transacts any business within NY or contracts to supply goods or services within NY;
(2) commits a tortious act within NY, except as to a cause of action for defamation;
(3) commits a tortious act outside NY that causes injury within NY (i.e., the injured person or
property was in NY at the time of the injury), 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 NY, or derives substantial revenue from goods used or consumed or services
rendered in NY; or (ii) expects or reasonably should expect the act to have consequences in NY
and derives substantial revenue from interstate or international commerce; or
(4) owns, uses, or possesses real property within NY.
**Even if an action falls within the above, the particular assertion of long-arm jurisdiction must
comply with federal due process limits that (1) the defendant has minimum contacts with NY
such that the defendant should reasonably anticipate being sued in NY; and (2) the maintenance
, of the suit against the defendant in NY comports with traditional notions of fair play and
substantial justice.**
Commencing an Action - correct answer ✔✔ Except in town and village courts, actions are
commenced by 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.
This notifies the defendant of the proceeding and gives them the time frame within which to
appear to avoid default judgement.
If a complaint is not served with the notice, the summons must contain a notice stating the
nature of the action and the relief sought in the action, and except in med mal cases, the sum of
money for which judgement may be taken in the event of default.
Service of Process - 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;
**requires delivery of the process to a person of suitable age and discretion at the actual place
of business, dwelling place, or usual place of abode of the defendant, mailing the process to the
defendant at their last known resident or actual place of business, and thereafter filing proof of
service.**
**mailing must occur within 20 days of delivery, and, if sent to actual place of business, must be
first class mail in an envelope labelled 'personal and confidential', without indicating that it is
from an attorney.**
QUESTIONS WITH ANSWERS
In Personam Jurisdiction - correct answer ✔✔ Jurisdiction over a person within the territorial
reach of the adjudicating court.
There are five bases for in personam jurisdiction in NY:
(1) presence;
(2) consent;
(3) domicile;
(4) doing business (subject to constitutional limits); and
(5) "long-arm" jurisdiction.
**First 4 are under CPLR 301, while last is under CPLR 302.**
Further, a non-domiciliary in NY, even if they do not otherwise subject to the personal
jurisdiction of NY, submits themselves to personal jurisdiction in any separate action brought
against them by any party to the pending action and is deemed to have designated their NY
attorney as an agent upon whom process may be served in such separate action.
**CPLR 303; can institute separate action, need not interpose counterclaim.**
Constitutional Limits on Personal Jurisdiction - correct answer ✔✔ Under NY Law, for a plaintiff
to demonstrate personal jurisdiction over a defendant, the plaintiff must have either general
jurisdiction under CPLR 301 or long-arm jurisdiction under CPLR 302.
,General jurisdiction permits a court to hear all claims against an entity, while specific jurisdiction
permits a court to hear only those claims that arise out of the entity's contacts within the state.
For corporations, under Daimler, general personal jurisdiction cannot be asserted based solely
on the corporation's continuous and systematic business activity in NY. Rather, due process
limits the exercise of general jurisdiction to a state in which the corporation is "at home." If a
corporation is not incorporated in NY or maintaining its principal place of business therein, NY
courts will only exercise general personal jurisdiction in the exceptional case where the foreign
corporation's operations are "so substantial and of such a nature as to render the corporation
essentially 'at home.'"
Long-Arm Jurisdiction - correct answer ✔✔ Confers only specific jurisdiction, meaning that the
cause of action must arise out of the defendant's state-connected activity. CPLR 302 contains a
list of specific state-connected acts that permit the assertion of in personam jurisdiction as to a
cause of action arising from those acts. These include where a non-domiciliary or their agent:
(1) transacts any business within NY or contracts to supply goods or services within NY;
(2) commits a tortious act within NY, except as to a cause of action for defamation;
(3) commits a tortious act outside NY that causes injury within NY (i.e., the injured person or
property was in NY at the time of the injury), 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 NY, or derives substantial revenue from goods used or consumed or services
rendered in NY; or (ii) expects or reasonably should expect the act to have consequences in NY
and derives substantial revenue from interstate or international commerce; or
(4) owns, uses, or possesses real property within NY.
**Even if an action falls within the above, the particular assertion of long-arm jurisdiction must
comply with federal due process limits that (1) the defendant has minimum contacts with NY
such that the defendant should reasonably anticipate being sued in NY; and (2) the maintenance
, of the suit against the defendant in NY comports with traditional notions of fair play and
substantial justice.**
Commencing an Action - correct answer ✔✔ Except in town and village courts, actions are
commenced by 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.
This notifies the defendant of the proceeding and gives them the time frame within which to
appear to avoid default judgement.
If a complaint is not served with the notice, the summons must contain a notice stating the
nature of the action and the relief sought in the action, and except in med mal cases, the sum of
money for which judgement may be taken in the event of default.
Service of Process - 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;
**requires delivery of the process to a person of suitable age and discretion at the actual place
of business, dwelling place, or usual place of abode of the defendant, mailing the process to the
defendant at their last known resident or actual place of business, and thereafter filing proof of
service.**
**mailing must occur within 20 days of delivery, and, if sent to actual place of business, must be
first class mail in an envelope labelled 'personal and confidential', without indicating that it is
from an attorney.**
