Legislation

Search OpenLegislation Statutes
This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
ARTICLE 3
Jurisdiction and Service, Appearance and Choice of Court
Civil Practice Law & Rules (CVP) CHAPTER 8
ARTICLE 3

JURISDICTION AND SERVICE, APPEARANCE AND CHOICE OF COURT

301. Jurisdiction over persons, property or status.

302. Personal jurisdiction by acts of non-domiciliaries.

(a) Acts which are the basis of jurisdiction.

(b) Personal jurisdiction over non-resident defendant

in matrimonial actions or family court

proceedings.

(c) Effect of appearance.

303. Designation of attorney as agent for service.

304. Method of commencing action or special proceeding.

305. Summons; supplemental summons, amendment.

(a) Summons; supplemental summons.

(b) Summons and notice.

(c) Amendment.

306. Proof of service.

(a) Generally.

(b) Personal service.

(c) Other service.

(d) Form.

(e) Admission of service.

306-a. Index number in an action or proceeding commenced in

supreme or county court.

306-b. Service of the summons and complaint, summons with

notice, third-party summons and complaint, or petition

with a notice of petition or order to show cause.

306-c. Notice of commencement of action for personal injuries by

recipient of medical assistance.

307. Personal service upon the state.

308. Personal service upon a natural person.

309. Personal service upon an infant, incompetent or

conservatee.

(a) Upon an infant.

(b) Upon a person judicially declared to be

incompetent.

(c) Upon a conservatee.

310. Personal service upon a partnership.

310-a. Personal service upon a limited partnership.

311. Personal service upon a corporation or governmental

subdivision.

311-a. Personal service on limited liability companies.

312. Personal service upon a court, board or commission.

312-a. Personal service by mail.

(a) Service.

(b) Completion of service and time to answer.

(c) Affirmations.

(d) Form.

(e) Subsequent service.

(f) Disbursements.

313. Service without the state giving personal jurisdiction.

314. Service without the state not giving personal

jurisdiction in certain actions.

315. Service by publication authorized.

316. Service by publication.

(a) Contents of order; form of publication; filing.

(b) Mailing to accompany publication in matrimonial

actions.

(c) Time of publication; when service complete.

317. Defense by person to whom summons not personally

delivered.

318. Designation of agent for service.

320. Defendant's appearance.

(a) Requirement of appearance.

(b) When appearance confers personal jurisdiction,

generally.

(c) When appearance confers personal jurisdiction, in

certain actions; limited appearance.

(d) Appearance after first publication.

321. Attorneys.

(a) Appearance in person or by attorney.

(b) Change or withdrawal of attorney.

(c) Death, removal or disability of attorney.

322. Authority for appearance of attorney in real property

action.

(a) Authority of plaintiff's attorney.

(b) Authority of non-resident defendant's attorney.

(c) Agencies or wholly-owned corporations of the United

States.

325. Grounds for removal.

(a) By supreme court for mistake in choice of court.

(b) From court of limited jurisdiction.

(c) On consent to court of limited jurisdiction.

(d) Without consent to court of limited jurisdiction.

(e) From supreme court to surrogate's court where

decedent's estate affected.

(f) To supreme court where county judge incapacitated.

(g) From one local court to another.

326. Procedure on removal.

(a) Stay of proceedings.

(b) Order and subsequent proceedings.

(c) Fees and disbursements.

327. Inconvenient forum.

328. Assistance to tribunals and litigants outside the state.

(a) Pursuant to court order.

(b) Without court order.

(c) Effect.