New York Practice - Mnemonics

M - MINIMUM CONTACTS with the State of NY

O - OPPORTUNITY for the defendant to be heard

P - the defendant must have been properly served with PROCESS

D - DOING BUSINESS which involves a non-domicile conducting purposefully continuous and systematic activity on a day to day basis

I - INSTATE SERVICE

A - serving the defendants NY AGENT within NY

L - LONG-ARM Jurisdiction

D - DOMICILE of NY when the plaintiff commences the action

C - a defendant CONSENTS to jurisdiction

CONTEXT - LONG-ARM JURISDICTION (diaL dc)

CPLR 302(a)(3) is used when a non-domicile commits a tortous act outside of NY and the first effect of the tortous act experienced by the plaintiff is within the state of NY plus D.E.E.R.

D - defendant DERIVES "substantial revenues" from hoods used of consumed or from services rendered in NY

E - defendant ENGAGES in some persistent course of conduct within NY

E - the defendant should reasonably EXPECT (forseeability) that its tortous act would have a consequence in NY

R - the defendant REGULARLY does or solicits business in NY

CPLR 302(b) - in a matrimonial action, or in a proceeding in family court, where the plaintiff is seeking maintenance or child support, there exists personal jurisdiction over the non-domicile defendant provided DADA

D - NY was the last recent marital DOMICILE of the parties; or

A - the ABANDONMENT took place in NY; or

D - the claim for support accrued in a NY DECREE or under NY law which permits a NY paternity proceeding to be commenced on a non-domicile where the non-marital child was conceived in NY; or

A - the parties executed a SEPARATION AGREEMENT in NY

CPLR 3211(e) - Even though a defendant has no minimum contacts with NY, or was no properly served with process, the defendant may nevertheless consent to jurisdiction by A SCAM

A - serving an ANSWER and failing to include the mock jurisdictional answer, unless the defendant corrects the omission and amends the answer 'as a right' without going to court

S - STIPULATING to jurisdiction in 'open court' or in a signed writing

C - asserting an unrelated COUNTERCLAIM in the defendant answer

A - ASSERTING improper service of process in the defendants answer but failing to move for summary judgment in this issue within 60 days of serving the answer

M - by making any CPLR 3211(a) MOTIONS TO DISMISS, but failing to raise the MOP jurisdictional objections in that motion

RE = REASONABLE EXCUSE together with an

AM = AFFIDAVIT OF MERIT

Who can serve a summons in NY? CPLR 2103(a)

AN = an ADULT, NON-PARTY

Who can serve outside the state? CPLR 313

ALRAN

A - an ATTORNEY admitted in that jurisdiction

L - look to the LAWS of that jurisdiction

RAN - a RESIDENT of NY, ADULT, NON-PARTY