Place a call and your jurisdictional defense will fall
New York court ruling shows how defendants can waive jurisdictional defenses through conduct, even when challenging court jurisdiction years later.
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12 articles by Jason Tenenbaum, Esq.
The lack of value of a notice of appearance
New York's CPLR requires defendants to challenge personal jurisdiction within 60 days or risk waiver, even with protective language in notices of appearance.
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Personal Jurisdiction in New York Insurance Cases: No-Fault Defense Guide
Master personal jurisdiction challenges in NY insurance cases. Expert analysis of out-of-state insurer defenses. Call 516-750-0595 for legal help.
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Service! Again!
New York court ruling shows how proper re-service during pending motion can cure jurisdictional defects and save plaintiff's case from dismissal.
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Court approves of service in the court room
New York court clarifies that defendants can be served with legal papers even inside courtrooms, rejecting the misconception that courthouse appearances provide immunity from service.
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Fraudulent procurement of insurance has serious consequences
New Jersey's strict insurance compliance requirements bar claims when drivers fail to maintain state-approved coverage, highlighting jurisdictional challenges in auto accident cases.
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A 325(d) case outside the equity jurisdiction of supreme Court cannot be ruled upon by an Acting Supreme Court Justice
Acting Supreme Court Justice cannot rule on 325(d) case outside supreme court's equity jurisdiction - NY appellate decision on post-judgment retransfer authority
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Default denied based upon quirk of NYCCCA 403 and 404
New York City Civil Court Act sections 403 and 404 create jurisdictional quirk that can defeat default judgments when service of process is made outside NYC limits.
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Jursidictional defect (it really isn’t)
New York appellate court clarifies that procedural defects rarely constitute true jurisdictional defects under CPLR 5015(a)(4), making judgment vacatur extremely difficult.
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No jurisdiction
New York courts lack jurisdiction over out-of-state insurance carriers not licensed or authorized to conduct business in the state, as demonstrated in this appellate case.
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There was no long arm jurisdiction
New York court case where out-of-state insurance company successfully challenged personal jurisdiction under Civil Court Act 404 long-arm statute requirements.
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CAN-O
New York court rejects hospital's jurisdictional challenge in no-fault insurance declaratory judgment action, establishing important precedent for provider liability cases.
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