Ny Practice Essay Elements

Front 1

IMGF – R.4all,2all – X. Non GF, Special Relationship.

Back 1

Municipality immunity

-Definition: the rule state and its municipalities are immune from claims arising out of functions that are governmental in nature.

The reason for this is that without his immunity, the government, which is responsible for all, would be liable for all.

There are exceptions to this immunity for business or non-governmental functions or when there is a special relationship between the class of persons protected by the statute and the municipality.

Front 2

-MC. OP. SERVE-D.S.B.LASC D-PRO- PARS

Back 2

Jurisdiction over foreign corporation

Front 3

TGS. TA-IN+DLINK REAL ALL D. SMS. D-PRO-PARS.

Back 3

Long arm statute

Front 4

BNP

b: PPDB (pptv)

n: standards, fair ps just, personal delivery, to somebody else, can be effective.

P

Back 4

Personal Jurisdiction
Basis, notice, opportunities to be heard

Basis- physical presence at the time of service, domicile, doing business


Notice-
1. meet dual standard (NY Statutory rule + con. Due process)
2. fair play , substantial justice.
3. Rule of personal delivery,
4. Rule of serving sb. else,
5. effective of the service

Opportunities to be heard-
D. can file motion to dimiss if lacking personal jurisdiction.



PERSONAL JURISDICTION – Feb 2005, July 1998
To exert personal jurisdiction over individuals, a New York court must have
some basis for jurisdiction and
also provide the individual notice and
an opportunity to be heard.
Traditional basis for personal jurisdiction include
physical presence at the time of service,
domicile and
doing business.
Notice must meet the New York statutory provisions for service upon a natural person and also meet constitutional due process standards.
It must conform to traditional notions of fair play and substantial justice.
Rule for personal deliver:
Under Article 3 of NYCPLR, service upon a natural person can be accomplished by personally delivering a summons (with notice or the complaint), If this cannot be accomplished with due diligence by
affixing the summons (with notice or the complaint) to the door of defendant's dwelling or actual place of business
and mailing the same to her last known address within 20 days.
Rule to leave the service to someone else.
Under NYCPLR, a party may leave process with someone of suitable age and discretion at the residence or principal place of business of the party to be served.
The CPLR further requires that copies of service be mailed within 20 days of the "leaving".
According to New York case law, personal delivery is effective
when the person making service tenders the summons (with notice or complaint) upon the defendant to be served, and
the defendant has actual knowledge that she is being served with a summons.
PS. If a defendant closes her door after a process server informs her she has been served, service is complete and the server need only leave the papers at the door.
If personal jurisdiction is lacking, a defendant may move to dismiss an action for lack of personal jurisdiction under CPLR 3211.

Front 5

6: CLK, F. SH
4: UCCK, Residential rent overcharge
3: (Torts) Negligence, strict liability, general malpractice
2.5 : M.D. malpractice
2: wrongful death
1.25: (Torts) against a municipality
1: (Torts) intentional torts
4 months: special proceeding, certiorari, mandamus.

Back 5

Under the CPLR, the statute of limitations is the time period in which a lawsuit must be commenced. The following are the most common statutes of limitations:
6 years: Actions concerning contracts not under the UCC for the sale of goods; actions for fraud; shareholder derivative actions
4 years: Actions concerning contracts for the sale of goods under the UCC §2-725
4 years: Actions for residential rent overcharge
3 years: Actions for negligence, strict liability, and general malpractice
2.5 years: Actions for medical malpractice
2 years: Wrongful death actions
1 year and 90 days: Tort claims against a municipality
1 year: Actions for intentional torts
4 months: Special proceedings, such as certiorari or mandamus