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NY Practice - Personal Jurisdiction

Terms in this set (6)

Basis of Personal Jurisdiction - What are the three bases for general jurisdiction (does not matter where claim arose) and the three bases for specific jurisdiction (must be specific to D's NY activity or within terms of contract)?
1. Presence in NY
2. Doing Business in NY
3. Domicile in NY

Specific
1. Long-arm Statute
2. Nonresident Motorist Statute
3. Consent
First basis - Basis of Personal Jurisdiction - What does "presence" in NY mean?
US Supreme Court has said physical presence for service is valid basis for general jurisdiction.
Second basis - "Doing Business" in NY - what is the rule for domestic and foreign licensed corps?
Any domestic (incorporated) corporation or licensed foreign corporation are subject to personal jurisdiction in NY on any claim whatsoever, no matter where it arose
Second basis - "Doing Business" in NY - what is the test for unlicensed foreign corporation?
If doing business, what how can service of process be effected?
1. P must show that at the time the action is commenced, the corporation's employees or agents are in NY engaging in commercial activity for corporation on a REGULAR, SYSTEMATIC, and ONGOING basis

If the corporate D is doing business in NY, service of process maybe made by personal delivery to a proper corporate representative anywhere in the US or by service on NY Sec. of State.
What are the three limitation on "doing business" for a foreign, unlicensed corporation?
Following are insufficient
1. mere sale of a corporation's products
2. Mere advertising by a corporation
3. Mere transient presence of a corporate officer
Is "doing business" necessary if cause of action arose in NY?
Probably not - If the cause of action arose within the state, long-arm jurisdiction will probably be available and P won't need to show that the corporation is doing business on a continuous and systematic basis within NY.
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