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Pieper Bar Review Mnemonics1 JURISDICTION Due Process Clause requires you to MOP up jurisdiction ã M Some minimum contact w/ thestate of NY ã O An opportunity to be heard ã P Been properly served w/ process To obtain IPJ over ∆ DIAL DC ã D ∆ is a domicile of NY ã I In state service on a non-domicile ∆ ã A Serving an agent designated bythe ∆ to accept service ã L Long Arm (LA) jurisdiction over anon-domiciliary ã D ∆ is doing business in NY ã C ∆ consents to NY jurisdiction To get LA jurisdiction over a ND whocommits tort act outside NY causinginjury inside NY, sue a non-resident’s DEER in New York (+ SSS ) ã D Derives substantial revenues fromgoods used or consumed or servicesrendered in NY ã E Engages in some persistent courseof conduct w/in NY ã E Expects or should reasonablyexpect its tortuous acts would haveconsequence in NY & ∆ derives substantial revenues from interstateor international business ã R Regularly does or solicits businessin NY + SSS → conduct purposelydirected at NY S - Soliciting of NY Business S - Sales in NY S - Performing Services in NY You can sue in NY in matrimonial actionwhere DADA doesn’t live in NY &mama’s seeking maintenance or childsupport. ã D NY was last recent marital Domicileof parties ã A Abandonment took place in NY ã D Claim for support accrued underNY Decree or under NY law ã A Parties executed a separationAgreement in NY Pieper Bar Review Mnemonics2 Even if no minimum contacts or notserved properly, ∆ may consent to NY jurisdiction by SCAAMS ã S Stipulating in open ct., pleading, k,or letter ã C Asserting unrelated CC in answer ã A Serving an Answer & failing toraise jurisdictional objection ã A Asserting improper service inanswer, but failing to move for Sum Jud on issue w/in 60 days from whenanswer was served ã M 3211 Motion to dismiss, but failingto raise MOP jurisdictional objection ã S Moving for Sum Jud on related CC,seeking affirmative relief from NY ct. AL-RAN can serve a summons outsideNew York ã A Attorney in that jurisdiction ã L Law of that jurisdiction ã R Resident of NY ã A Adult ã N Non-PartyService of process is made by SAD MIC ã S Delivered to person of Suitable age& discretion, mail copy, then file ã A Agent Service ã D Due Diligence - Nail, Mail & File ã M Mailing Process to ∆ who mustthen consent to such service ã I In hand personal delivery to the ∆ ã C Ct. invented service You may serve a corporate A MAC DOG anywhere ã A Assistant Cashier ã M Managing Agent ã A Agent authorized to receive servicefor corp. expressly, impliedly or byestoppel ã C Cashier ã D Director ã O Officer ã G General Agent Pieper Bar Review Mnemonics3 Only a MAN can make a properappearance in a pending lawsuit ã M Make pre-answer Motion,extending ∆ ’s time to answer ã A Serve an Answer ã N Serve a Notice of appearance inresponse to summons served w/ocomplaint To vacate default judgment, bring a REAM of papers w/in 1 yr of beingserved w/ copy of judgment ã RE Reasonable Excuse for ∆ ’sdefault ã AM ∆ must offer Affidavit of Meritsetting forth meritorious defense to Π ’s claim & that Π won’t beprejudiced by opening default judgment STATUTE OF LIMITATIONS A BEAR patient doesn’t need to giveinformed consent ã B In Best interest of patient not todisclose risks involved cause it wouldhave adversely affected patient ã E Emergency treatment was requiredcause of an imminent danger orthreat of death to patient ã A Patient Asks Dr. to proceedregardless of risk ã R Risks were so commonly known A DIMPLE FIB ’s for 1 year ã A Arbitration award must be judiciallyconfirmed ã D Unlawful State Discriminationcomplaint must be filed w/ NY stateDivision of Human Rights ã I Recover excess Interest paid onloan that has usurious rate (NY - 16%+ annually) ã M Malicious Prosecution ã P Invasion of Privacy ã L Libel & Slander ã E Retaliatory Eviction ã F False Imprisonment or False Arrest ã I Intentional Infliction of EmotionalHarm ã B Assault or Battery Pieper Bar Review Mnemonics4
