New York Jurisdiction Bar Exam Questions and Answers 2024

New York Jurisdiction Bar Exam Questions and Answers 2024 14. Who may serve outside NY: 1. an adult non-party resident of NY 2. Anyone authorized to serve under the laws of the foreign jurisdiction 3. An attorney in the foreign jurisdiction 15. When process may be served: After the party obtained an index number. Not on Sundays Prohibited on Saturdays when done in malice towards someone observing When outside NY must be done in conformance with NY laws 16. Service on a corporation: May only be made by in-hand personal delivery May be served: 1. assistant cashier 2. Managing agent 3. Any other agent expressly or impliedly authorized to receive service 4. cashier 5. director 6. officer 7. general agent 17. Service on a partnership: Serve either partner. 18. Service on LLC: Serve any member of the management of the LLC 19. Service of Governmental bodies: Must be made on the agency or official and the AG. In NYC must serve corporation counsel. 20. Service on infant: Anyone under 18 must serve parent or guardian. Need a court order to get judgment against infant or incapacitated. 21. Service on incapacitated person: On court-appointed guardian. But must serve both the incapacitated person and the guardian. 22. Service outside the U.S.: Have to serve in compliance with the Hague Conven- tion 23. Opportunity to be heard - Appearance: Must appear within 20-30 days to avoid default. May: 1. Make a motion to extend time to answer 2. answer complaint 3. service notice of appearance. 24. Partnerships and corporations appearances: Must be made through an at- torney 25. Qualified appearance: 1.Where defendant is a non-domiciliary and jurisdiction is based on one of the longarm provisions, plaintiff cannot amend to add a cause for which there is no longarm jurisdiction