NY Practice-High Level Outline

NY Practice-High Level Outline - NY PRACTICE Overview...

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1 NY PRACTICE OUTLINE PROF. BORTNICK Overview 1. WHO: Who are the parties? a. Individuals, Corporations, b. From where c. Necessary or Permissive Joinder d. Alternative Ds e. Class Actions f. Interpleaders 2. WHAT: What substantive causes of action? a. Subject matter jurisdiction b. For SOL 3. WHERE: Jurisdiction a. Subject Matter Jurisdiction —which of 9 trial level courts? i. Removal ii. Any exceptions? b. Personal Jurisdiction —can D be sued in NY? Does D have a relshp w/ NY? c. Forum Non Convenes: Even if there is personal jurisdiction, court can decline to hear the case d. Venue: Which county? 4. WHEN: a. SOL b. Accrual c. Tolling 5. HOW a. Personal Jurisdiction—notice b. Commence the action c. Response d. Service of Process e. Motions (accelerated judgments) f. Provision remedies g. Discovery h. Appeals
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PERSONAL JURISDICTION Type Rules Consent Via contract Via agent for service of process Implied via Non-resident motorist Statute Domicile Where main home is at time action is commenced Presence (Person) Present in NY when summons is served Exceptions: Can’t be lured into NY by fraud or deceit For non-NY residents whoa re witnesses, can’t just be sued for “presence” Presence (Corp) Doing business in NY test Give “Presence”: Office in NY, EES soliciting business in NY, bank account in NY Independent agent representing D in NY is not enough Presence (Partnerships) If partner resides in NY Long-Arm Where cause of action arises from NY contacts of D (who is a non-domiciliary) --Transacting business in NY --Contracting to supply/sell in NY Doesn’t matter where K was made Not enough that D just knows product will end up in NY --Tortiuous act in NY Tort must occur in NY (owner & driver liable) --Tortious act outside NY, injury in NY D must regularly solicit business in NY or have persistent conduct in NY and derives substantial revenue from NY market --Owns property in NY Cause of action must arise from that property --In rem (not personal jurisdiction) Action concerns disputed claims to particular property Property doesn’t have to be subject matter of case, but does need to be related Land or bank accounts SUBJECT MATTER JURISDICTION Supreme Ct: Power to hear all cases; Except s Federal cts have exclusive jurisdiction s Actions against NY state must be in ct of claims s When Appellate Division has original jurisdiction Appellate Divisions s In NY, appellate division hears REMOVAL Ways to transfer a case 1. Motion by a party (always to SCt) 2. Case in ct of limited jurisdiction and party realized he wants more damages and original court has no jurisdiction to hear case of that amount—motion to SCT to transfer 3. Case starts in right court but something happens and now need to change—SCT can change w/ consent of party (P) 4. Court transfers on its own to Civil CT bc it thinks damages are worth less, but original damage request remains in tact if ct can’t get consent from party a. Used only in 1 st
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This note was uploaded on 02/14/2008 for the course LAW 7760 taught by Professor Bortnick during the Spring '04 term at Yeshiva.

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NY Practice-High Level Outline - NY PRACTICE Overview...

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