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8 Cards in this Set

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  • Back
Ways of obtaining personal jurisdiction?
1) Presence in NY
2) "Doing Business" in NY
3) Domicile in NY
4) Long-Arm Jurisdiction
5) Non-Resident Motorist Statute
6) Consent
Personal delivery to defendant while defendant is physically present in NY
Always a valid basis, no matter where the cause of action arose
Doing Business in NY
"At the time the action is commenced, the corporation's employees or agents are in NY engaging in activity in NY that is continuous, regular, and systematic. (Specially, maintaining an office continuously staffed by 1 or more employees is the best evidence)
Service because of Domicile
A defendant who is a domiciliary of NY at the time action is commenced can be served anywhere in the US. This gives general jurisdiction for any cause of action regardless of where it arose.
Long-Arm Jurisdiction
The "minimum contacts" standard of jurisdiction that allows for out-of-state service conferring personal jurisdiction on the basis of certain acts by defendant that have a sufficient connection with NY, provided that plaintiff's claim arose from those acts. Requires that the facts of plaintiff's case fit one of five categories of NY-related activity.
"DOWNFALL"
Documentary Evidence
Other Action Pending
Want of Capacity
Non-joinder of a Necessary Party
Failure to State a Claim
Additional Affirmative Defenses (see SPARERIBS)
Lack of Personal Jurisdiction
Lack of Subject Matter Jurisdiction
"SPARERIBS"
Statute of Limitations
Payment
Arbitration Award
Release
Estoppell
Res Judicata
Infancy
Bankrupcy Discharge
Statute of Frauds
If a pre-answer motion to dismiss is denied, how long do you have to serve an answer?
10 days