NYP 2.txt

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"

• (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

• Matrimonial actions
• CPLR Article 78 proceedings (J/R of administrative actions, see NYP 13)
• Declaratory actions

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)

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

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

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

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

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

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.

• (1) π-spouse must be DOMICILED in NY, and
• (2) π's complaint must allege compliance with DURATIONAL RESIDENCY requirements

PERSONAL DELIVERY

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

Both spouses must be NY residents, and grounds for action arose in NY

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

Either spouse a NY resident ≥ 2 continuous years

∆ may assert a defense of failure to state a cause of action. Defect is on the merits, not jurisdiction.

Court must have PERSONAL JURISDICTION over ∆-spouse (not just in rem, like for status of marriage cases)

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.