NY Practice

Question 1

What jurisdictional elements do you need to satisfy for court to render valid judgment?

Answer 1

1. Subject matter jurisdiction
2. Proper commencement of action
3. Proper service of process on D
4. Proper basis of jurisdiction over person or property involved in action

Question 2

5 long-arm jurisdiction categories

Answer 2

1. P’s claim arises from transaction of business in NY
2. P’s claim arises from a contract negotiated anywhere in which P agreed to supply/perform in NY
3. P’s claim arises from D’s tortious act in NY
4. P’s claim arises from D’s tortious act outside of NY that causes injury in NY PLUS an additional link between D and NY (regular business, substantial revenue, reasonable expectation of jurisdiction)
5. P’s claim arises from D’s ownership, use, or possession of real property located in NY

Question 3

Non-resident motorist statute

Answer 3

Applies personal jurisdiction to non-resident’s use or ownership of auto in NY. Two things make this different from tortious conduct:

1. P serves process on D by personally serving one copy on NY secretary of state and mailing second copy to D by certified mail at D’s out of state residence
2. Applies also to nondomiciliary vehicle owner who gave permission to drive in NY