New York Law (NYLE) Practice Exam

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Prepare for the New York Law Exam with flashcards and multiple choice questions. Each question is accompanied by hints and explanations. Ensure you are thoroughly ready for the exam!

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How may the court obtain personal jurisdiction over John in Action 2?

A. By serving process on John's New Jersey Attorney.
B. By serving process on John's New York Attorney.
C. By filing a counterclaim in Action 1 and dismissing Action 2.
D. The court cannot obtain personal jurisdiction over a nonresident.

The correct answer is: B. By serving process on John's New York Attorney.

Serving process on John's New York Attorney is a valid method for the court to obtain personal jurisdiction over John, especially if John has appointed that attorney to represent him in legal matters. New York Civil Practice Law and Rules (CPLR) allows for service upon an attorney that has been designated to represent a party in matters, which can satisfy the requirement of due process. In the context of personal jurisdiction, it is essential to recognize the role that an attorney plays in representing their client. When a nonresident, such as John, has legal representation in New York, service on that attorney can establish the court's authority to make determinations regarding John, provided the attorney has the proper authority to accept service on his behalf. The other options present factors that either do not align with the principles of personal jurisdiction or involve misinterpretations of procedural law. For example, serving on an attorney based in another state may not confer jurisdiction if the attorney has no authority in the jurisdiction of New York. Additionally, filing a counterclaim or dismissing an action without proper service of process would not establish personal jurisdiction. Thus, the correct method of establishing personal jurisdiction is through proper service on the individual's attorney located in New York.