NYP 2.txt

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twiggy924
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26441
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NYP 2.txt
Updated:
2010-07-12 12:24:55
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Jurisdiction
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Jurisdiction
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  1. SUPREME COURT OF NY

    1) General scope of SMJ?
    2) Authority to grant money damages?
    3) Authority to grant equitable relief?
    1) SC of NY has supreme SUBJECT MATTER JURISDICTION over all types of controversies, regardless of

    • Residency of litigants
    • Where claim arose

    2) SC of NY has authority to grant money damages—its power is "supreme"

    3) SC of NY has authority to grant equitable relief—its power is "supreme"
  2. SUPREME COURT OF NY

    Exceptions to supreme jurisdiction?
    • (1) Federal court has EXCLUSIVE jurisdiction (e.g., bankruptcy, patents, copyrights)
    • (2) Claims for money damages in tort or contract against the STATE OF NY (does not include local govts or individual officers)—Court of Claims has jurisdiction
  3. Cases that SUPREME COURT OF NY has EXCLUSIVE SMJ over
    • Matrimonial actions
    • CPLR Article 78 proceedings (J/R of administrative actions, see NYP 13)
    • Declaratory actions
  4. PERSONAL JURISDICTION

    1) What is GENERAL JURISDICTION?
    2) How is it obtained?
    1) PJ OVER ANY CLAIM regardless of where the claim arose or the claim's connection to NY

    • 2) OBTAINED WHEN
    • ∆ PERSONALLY SERVED while in NY
    • ∆ is DOING BUSINESS IN NY (DBNY)
    • ∆ is DOMICILED in NY (at time action is commenced)
  5. PERSONAL JURISDICTION

    1) What is SPECIFIC JURISDICTION?
    2) How is it obtained?
    1) PJ ONLY OVER CLAIMS ARISING OUT OF

    • ∆'s NY ACTIVITIES, OR
    • TERMS of contract

    2) OBTAINED THROUGH

    • Long-Arm jurisdiction
    • Non-Resident Motorist statute
    • Consent
  6. GENERAL JURISDICTION

    When are the following corporations treated as DBNY?

    1) Domestic or foreign licensed corporations?
    2) Unlicensed foreign corporations?
    1) ALWAYS treated as DBNY

    2) Unlicensed foreign corporation DBNY when

    • (1) AGENT'S OR EMPLOYEES in NY
    • (2) Engage in COMMERCIAL ACTIVITY for the ∆ corporation on a
    • (3) REGULAR, SYSTEMATIC, AND ONGOING basis
  7. SPECIFIC JURISDICTION

    What are the 5 categories of LONG-ARM jurisdiction?
    1) TRANSACTION OF BUSINESS BY ∆ IN NY (includes substantial communications with NY)

    2) CONTRACT to PROVIDE GOODS OR SERVICES IN NY

    3) ∆'s OWNERSHIP, USE, OR POSSESSION OF REAL PROPERTY IN NY

    4) ∆'s COMMISSION of a TORTIOUS ACT in NY

    5) INJURY IN NY, caused by ∆'s tortious act outside NY AND ∆ has an additional tie to NY—

    • solicitation of business in NY
    • persistent course of conduct in NY
    • substantial revenue from goods used or consumed in NY
    • substantial revenue from services rendered in NY
    • reasonable expectation of NY consequences AND substantial revenue from interstate/international commerce
  8. SPECIFIC JURISDICTION

    When PJ over the ∆ is based on LONG-ARM jurisdiction, DUE PROCESS must be satisfied. What does this require?
    Due process is satisfied if π's claim arises out of conduct of ∆ that is

    • (1) PURPOSEFULLY DIRECTED to NY, such that ∆ should
    • (2) REASONABLY ANTICIPATE being sued in a NY court
  9. NON-RESIDENT MOTORIST STATUTE

    1) When does it apply?
    2) How is process served?
    1) APPLIES WHERE π's claim arises out a NON-DOMICILIARY MOTORIST'S

    • OWNERSHIP or USE of an automobile on a NY roadway
    • PERMISSION to USE automobile on a NY roadway

    2) π SERVES PROCESS on non-resident ∆ by–

    • (1) PERSONALLY SERVING 1 copy of process on NYSS, PLUS
    • (2) MAILING 2nd copy of process (by certified mail) to ∆'s out-of-state residence
  10. Adjudication of marital status

    1) Which NY court has jurisdiction?
    2) What kind of jurisdiction does the NY court have?
    1) NY Supreme Court has exclusive jurisdiction to grant divorce, separation or annulment.

    2) If π-spouse is NY domiciliary, court has IN REM jurisdiction over the marriage—i.e., PJ IS NOT NECESSARY–to obtain an adjudication on marital status.
  11. MATRIMONIAL JURISDICTION

    What is required of a π-spouse in order to get a DIVORCE, SEPARATION, OR ANNULMENT in NY?
    • (1) π-spouse must be DOMICILED in NY, and
    • (2) π's complaint must allege compliance with DURATIONAL RESIDENCY requirements
  12. MATRIMONIAL JURISDICTION

    How must process be served on the ∆-spouse?
    PERSONAL DELIVERY
  13. MATRIMONIAL JURISDICTION

    How are DURATIONAL RESIDENCY requirements satisfied?
    1) BOTH spouses NY residents

    2) EITHER spouse is NY resident for ONE continuous year

    3) EITHER spouse is NY resident for TWO continuous years
  14. MATRIMONIAL JURISDICTION: DURATIONAL RESIDENCY

    BOTH spouses are NY residents
    Both spouses must be NY residents, and grounds for action arose in NY
  15. MATRIMONIAL JURISDICTION: DURATIONAL RESIDENCY

    1-Year residency requirement
    Either spouse a NY resident ≥ 1 continuous year, and additional NY ties—

    • NY marriage,
    • NY was matrimonial domicile at some point
    • Grounds for action arose in NY
  16. MATRIMONIAL JURISDICTION: DURATIONAL RESIDENCY

    2-year residency requirement
    Either spouse a NY resident ≥ 2 continuous years
  17. Consequence of Failing to Allege Compliance with Durational Residency Requirement
    ∆ may assert a defense of failure to state a cause of action. Defect is on the merits, not jurisdiction.
  18. MATRIMONIAL JURISDICTION

    To obtain MONETARY SUPPORT from a ∆-spouse, what basis of jurisdiction is required?
    Court must have PERSONAL JURISDICTION over ∆-spouse (not just in rem, like for status of marriage cases)
  19. MATRIMONIAL JURISDICTION

    If ∆-spouse is outside of NY, how may π-spouse acquire LONG-ARM jurisdiction?
    If π-spouse is a NY RESIDENT, AND any one of the following

    • 1) NY was the matrimonial domicile of both π and ∆ prior to separation, OR
    • 2) ∆ abandoned π in NY, OR
    • 3) ∆'s monetary obligation accrued under an agreement executed in NY (e.g., separation agreement) OR
    • 4) ∆'s monetary obligation accrued under the laws of NY

    NOTE: Must have personal service, unless court orders otherwise.

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