Civil Procedure Flashcards

Any individual who resides in New York or is within the long-arm statute's personal jurisdiction may be served outside of the state:

Answer: In the same way that a New York resident serves someone within the state of New York

Under New York's CPLR, when serving someone outside the state who is still subject to New York jurisdiction via the long-arm statute, the method of service must mirror what would be used for an in-state defendant — ensuring the same procedural protections and due process standards apply. The other options impose either a foreign-state standard or create inconsistencies that would undermine uniform due process.

Under CPLR 311-a, personal delivery of the summons upon a limited liability company is effective if made to all of the following EXCEPT:

Answer: A non-managing member of a manager-managed LLC who has no authority to accept service

CPLR 311-a(a) permits personal service on an LLC by delivery to any member if management is vested in the members, any manager if the LLC is manager-managed, any agent authorized by appointment or law to receive process, or any other person designated by the LLC to receive process (service on the Secretary of State under LLC Law 303 is also available). A non-managing member of a manager-managed LLC with no authority is not a proper recipient.

Under CPLR 311(a)(1), personal delivery of a summons to a domestic or foreign corporation is NOT effective if made to:

Answer: A mailroom clerk who has no authority to accept service

CPLR 311(a)(1) allows personal service on a corporation by delivery to an officer, director, managing or general agent, cashier or assistant cashier, or any other agent authorized by appointment or by law to receive service. A clerk with no such authority is not a proper recipient. (Service on the Secretary of State is a separate method under BCL 306.)

Under CPLR 310(a), personal service upon a partnership may be made by personally delivering the summons to:

Answer: Any one of the partners

CPLR 310(a) provides that personal service upon a partnership is made by personally serving the summons upon any one of the partners. Other methods in CPLR 310 include service on the managing or general agent or the person in charge of the partnership office in New York, with a mailing, and service via the Secretary of State where applicable.

Matrimonial actions need service to be rendered under:

Answer: Court-ordered or personal delivery services

Matrimonial actions carry significant personal and legal consequences, so New York requires service by personal delivery or a court-ordered method to ensure the defendant actually receives notice. The stricter requirement exists because substitute methods like delivery-and-mail carry a higher risk of the defendant not receiving actual notice in proceedings that directly affect marital status and family rights.

Affix-and-mail service is:

Answer: Not accessible unless delivery-by-mail and personal delivery are not possible.

Affix-and-mail (also called 'nail and mail') is a substitute service method of last resort — it is only permitted when both personal delivery and delivery-by-mail have been attempted and failed. It is not constantly accessible, nor is it triggered simply by the defendant living outside New York; both primary methods must first prove impractical before affix-and-mail becomes available.

_______________ is serving the defendant by leaving the process outside their actual place of business, residence, or customary place of habitation; mailing the process to the defendant at that address or actual place of business; and then submitting an official proof of service.

Answer: Affix-and-mail

Affix-and-mail service involves physically affixing (attaching) the process to the door or entrance of the defendant's residence, business, or usual place of abode, then mailing a copy to that address, and finally filing proof of service. This two-step 'attach and send' process is the defining feature of affix-and-mail, distinguishing it from personal delivery or deliver-and-mail.

Delivering the process to an appropriate adult at the defendant's actual place of business, residence, or usual place of abode, mailing it to the defendant at his or her last known address or actual place of business, and then submitting proof of service are all part of the ________________ method.

Answer: Deliver-and-mail

Deliver-and-mail service involves handing the process to a suitable adult at the defendant's residence or place of business, then mailing a copy to the defendant's last known address or business, and filing proof of service. This method differs from affix-and-mail (where documents are attached to a door) in that it requires actual delivery to a person at the location, hence the term 'deliver-and-mail.'

Which of the following describes an improper service method?

Answer: Delivered personally by a 17-year-old

New York law requires that the person serving process be at least 18 years old, so a 17-year-old cannot legally serve documents regardless of any other circumstances. The other options are all valid: a family friend who is not a party to the action can serve, an 81-year-old has no age ceiling restriction, and serving an attorney-agent in another state is permissible under the long-arm rules.

A special proceeding in New York is commenced by:

Answer: Filing a petition with the clerk and paying the index number fee (CPLR 304(a))

Under CPLR 304(a) a special proceeding is commenced by filing a petition (and, under CPLR 403, a notice of petition or order to show cause) with the clerk of the court; the petitioner must then serve the respondent with the notice of petition and petition.

Which of the following can the summons leave out?

Answer: The amount of money that will be collected in medical malpractice cases in the event of a default

Under CPLR 305(b) and 3017(c), in a personal injury or wrongful death action (including medical malpractice) the summons and complaint do not state the sum for which judgment will be taken on default. The summons must still state the index number, the date of filing, and the basis of the venue designated (CPLR 305(a)).