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New York Civil Practice: CPLR
Copyright 2017, Matthew Bender & Company, Inc., a member of the LexisNexis Group.

2-301 New York Civil Practice: CPLR 301.syn


Jurisdiction over Person, Property or Status


David L. Ferstendig

Chapter Summary


This chapter covers CPLR 301, Jurisdiction over Person, Property or Status. It discusses the three requisites governing jurisdiction: (i.e., the court's power to hear and resolve controversies): (1) subject matter jurisdiction, (2) personal jurisdiction, and (3) service of process. The chapter analyzes the due process minimum contacts requirement. It also discusses the four bases of personal jurisdiction under CPLR 301, including the chief basis for asserting jurisdiction--physical presence of the defendant in the state when the action is commenced. The chapter also discusses jurisdiction based on substantial and continuous activity in the state ("doing business") by corporate as well as non-corporate entities; in doing so, it covers specific issues of personal jurisdiction, including the doctrine of continuing jurisdiction applicable in custody cases in which the parent or child has moved from one state to another. Further, the chapter outlines what must be pleaded and the procedures for determining personal jurisdiction.

The chapter discusses in rem jurisdiction, which is based on the presence of res or property within the state; under in rem jurisdiction, the court has power to determine claims related to the res and other legal relations of persons not necessarily subject to personal jurisdiction. The chapter also analyzes the requisites for acquiring personal jurisdiction over a defendant, focusing on the need for the defendant to have reasonable notice of the filing of the action that meets both constitutional due process as well as statutory requirements. The chapter also discusses the waivability of the defense of lack of personal jurisdiction in contrast to the defense of lack of subject matter jurisdiction.

The chapter includes a historical appendix discussing the amendments and legislative and judicial reports relating to CPLR 301, references to related New York State and federal rules, and law reviews discussing CPLR 301.

New York Civil Practice: CPLR (more commonly known as Weinstein, Korn & Miller) is the leading treatise on New York civil procedure and litigation, and is cited frequently by New York State and Federal courts as the authority on civil practice issues. It provides in-depth analysis and interpretation of New York's Civil Practice Law and Rules (CPLR), along with expert guidance and information on common and complex procedural issues facing New York civil law practitioners.


CPLR 301,Jurisdiction,Status,Subject Matter Jurisdiction,Personal Jurisdiction,Service of Process,Due Process,Minimum Contacts,Physical Presence,Substantial and Continuous Activity,Doing Business,Continuing Jurisdiction,In Rem Jurisdiction,In Personam Jurisdiction,General Jurisdiction,Domicile,Quasi-in-Rem Jurisdiction,Lack of Jurisdiction,Jurisdictional Defect,Waiver,Service on Agent


For discussion of related CPLR provisions, see CPLR 302, Personal Jurisdiction by Acts of Nondomiciliaries; CPLR 303, Designation of Attorney As Agent for Service; CPLR 304, Method of Commencing Action or Special Proceeding; CPLR R305, Summons; Supplemental Summons; Amendment; CPLR R306, Proof of Service; and CPLR 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.


For forms of complaints, notices of motions, affirmations, affidavits, and orders for use in litigating issues related to subject matter and personal jurisdiction, see Bender's Forms for Civil Practice: Civil Litigation, CPLR Article 3, Jurisdiction and Service, Appearance and Choice of Court (Matthew Bender).

For checklists, practice pointers, and practice insight relating to jurisdiction and service of process, see LexisNexis AnswerGuide New York Civil Litigation, Ch. 2, Jurisdiction and Service of Process (Matthew Bender).

For forms, tactics, and specific arguments that may be made in moving or responding to a motion for dismissal based on the pleadings, see New York Trial Guide, Ch. 2, Motions Based on the Pleadings (Matthew Bender).
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