Ny Civil Practice - Jurisdiction Mnemonics

Front 1

You may serve a corproate 'A MAC DOG' anywhere

Back 1

Service on a corporation
 Service on a corporation can be made by in hand delivery to A MAC DOG corporate person anywhere.
• Assistant cashier
• Managing agent (distinguished from mere employee)
• Agent – any agent authorized to receive service – express, implied or by estoppel
• Corporate cashier
o Not supermarket cashier but more like a treasurer
• Director
• Officer – president, vp,
• General agent

Front 2

Service of process is proper only by 'CID'S MAIL'

Back 2

• Once the summons has been filed with the county clerk, then regardless of whether defendant is served in/out of NY, service is proper only if made pursuant to CIDS MAIL
o Service of Summons is proper in NY only if it was
 C: Ct invented service
 I: In-hand personal delivery to Defendant
 D: Due diligence nail mail affidavit of service
 S (SAD): delivery of summons to person of suitable age and discretion (SAD)
 MAIL: Mailing process to D, but only if the D consents to such service by mail

Front 3

An 'AL-RAN' can serve a summons outside NY

Back 3

• Who can serve a summons outside NY? ALRAN
o A: Attorney admitted in that jurisdiction
o L: Look to the laws of that jurisdiction
o RAN: Resident-of-ny Adult Non-party Service of the Summons

Front 4

You can sue a non-resident 'DADA' in a NY court

Back 4

• CPLR 302b – can get long arm jurisdiction over non-domicile spouses
o this is aimed at deadbeat dads who go to other states…
o in a matrimonial action or family court proceeding where the pl is seeking maintenance, child support, alimony – there exists personal jurisdiction over the non-domiciled defendant provided DADA:
 (1) Domicile
• NY was last marital domicile of the parties
 (2) Abandonment
• Abandonment took place in NY (essay 3 2005)
 (3) Decree
• Claim for support accrued under an earlier NY decree or under NY law (which permits a NY paternity proceeding to be commenced against a non-domicile where the non-marital child was conceived in NY).
 (4) Agreement
• Obligation to pay maintenance/support arose from a separation agreement executed in NY

Front 5

You can sue a non-resident's 'DEER' in New York.

Back 5

• CPLR 302a3 – tortious acts out-of-state but instate effect
o 302a3 is used when a non-domicile commits a tortiuos act except for the tort of defamation outside of ny and the first effects of the tortiuos act experienced by the plaintiff (i.e. economic/personal/property injury/damage) are within NYS plus the plaintiff must establish one of the following DEER elements of ongoing New York activity.
 Derives substantial revenue
• Defendant derives substantial revenues from goods used/consumed or from services rendered in NY
 Engages
• Defendant engages in some persistent course of conduct within NY
o Ex: Def rents an apt in NY, Def is an out of state student attending college in NY,
 Expect*
• Defendant should expect its tortiuos act to have a consequence in NY and the defendant derives “substantial revenue” from international/interstate commerce.
o This “substantial” revenue requirement is to assure that NY jurisdiction will not be asserted over an alleged tortfeasor whose ou

Front 6

'DIAL DC' and file proof of service to get in touch with 'IPJ'

Back 6

• To obtain personal jurisdiction over a defendant, the defendant must have at least one of the DIAL DC minimum contacts with NY.
o Doing business
 D defendant is DOING business in NY on a day to day basis.
o I INSTATE Service
 Instate service on a non-domicile
o AGENT
 Agent designated by the def to accept service
o L- LONG arm jurisdiction
 a Long arm jurisdiction over a non-domicile
o D - Domicile
 Defendant is a ny domicile
 Domicile = presence + intent to remain
oConsent
 Def consents to NY jurisdiction

Front 7

'MOP' up jurisdiction

Back 7

• When a private party starts a lawsuit and enlists the state to recover a money judgment, to take away another’s property or to enjoin the defendant, then this involves “State Action” thus requiring due process to be satisfied. Before a state/federal court can assist a plaintiff in taking away a defendant’s liberty/property – it must afford that defendant due process of law before the court will assist a plaintiff.
o Due Process requires that the court make sure that MOP is satisfied
 (1) Minimum contacts
• Defendant has some minimum contacts with the state of New York (DIAL DC)!
o Perfect service of process by itself does not vest a NY court with jurisdiction over a non-domiciliary who is served outside the state.
o To satisfy due process (a.k.a. fairness) – there must exist an adequate connection between defendant, NYS and the plaintiff’s cause of action.
• It is not whether the defendant or his property is actually present within NY but rather whether the QUALITY and NA

Front 8

Only a 'MAN' can make a proper appearance in a pending lawsuit.

Back 8

• A timely appearance avoids default judgment. It entitles the appearing def to all subsequent motions in that action. There are 3 ways for a defendant to formally appear -- MAN
o Motion
 Make a pre-answer motion that automatically extends the defendant’s time to answer.
 Either a CPLR 3211 motion to dismiss or a 3024 corrective motion
o Answer
 Serve an answer to the plaintiff’s complaint
o Notice
 Serve a notice of appearance in response to a summons served without a complaint
 Notice of Appearance: is a one page sheet that usually contains a demand that the plaintiff serve the complaint within 20 days otherwise the defendant can move to dismiss for neglect to prosecute.
• R*: The mere service of a notice of appearance or a demand for a complaint do not result in the defendant waiving a jurisdictional objection. This occurs only by 'SCAAM'

Front 9

serve a 'SAD' person at the defendant's home or work place

Back 9

delivery of process to person of Suitable Age and Discretion

Front 10

Think of a 'REAM' of papers to help you out of a default judgment.

Back 10

• Court can vacate a default judgment by an Order To Show Cause that is brought by the def within one year from when the def was served with a copy of the default judgment. It requires Def to submit a REAM of papers.
o (1) Reasonable Excuse as to why Def defaulted
 law office failure by defendant’s attorney may be a reasonable excuse but it must be supported by a detailed and credible explanation (CPLR 2005)
o (2) Affidavit of Merit asserting a viable defense to plaintiff’s claim and also explaining that pl will not suffer prejudice if default judgment is vacated.
 It is error, as matter of law, to vacate a default judgment, if def fails to serve an Affidavit of Merit containing a meritorious defense to the pl’s claim!