pieper mneumonics

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JURISDICTION Due Process Clause requires you to M OP up jurisdiction M Some minimum contact w/ the state of NY O An opportunity to be heard P Been properly served w/ process To obtain IPJ over DIAL DC D is a domicile of NY I In state service on a non-domicile A Serving an agent designated by the to accept service L Long Arm (LA) jurisdiction over a nondomiciliary D is doing business in NY C consents to NY jurisdiction To get LA jurisdiction over a ND who commits tort act outside NY causing injury inside NY, sue a non-residents DEER in New York (+ SSS) D Derives substantial revenues from goods used or consumed or services rendered in NY E Engages in some persistent course of conduct w/in NY E Expects or should reasonably expect its tortuous acts would have consequence in NY & derives substantial revenues from interstate or international business R Regularly does or solicits business in NY + SSS conduct purposely directed at NY S - Soliciting of NY Business S - Sales in NY S - Performing Services in NY You can sue in NY in matrimonial action where DADA doesnt live in NY & mamas seeking maintenance or child support. D NY was last recent marital Domicile of parties A Abandonment took place in NY D Claim for support accrued under NY Decree or under NY law A Parties executed a separation Agreement in NY

Even if no minimum contacts or not served properly, may consent to NY jurisdiction by SCAAM S S Stipulating in open ct., pleading, k, or letter C Asserting unrelated CC in answer A Serving an Answer & failing to raise jurisdictional objection A Asserting improper service in answer, but failing to move for Sum Jud on issue w/in 60 days from when answer was served M 3211 Motion to dismiss, but failing to raise MOP jurisdictional objection S Moving for Sum Jud on related CC, seeking affirmative relief from NY ct. AL-RAN can serve a summons outside New York A Attorney in that jurisdiction L Law of that jurisdiction R Resident of NY A Adult N Non-Party Service of process is made by SAD M IC S Delivered to person of Suitable age & discretion, mail copy, then file A Agent Service D Due Diligence - Nail, Mail & File M Mailing Process to who must then consent to such service I In hand personal delivery to the C Ct. invented service

You may serve a corporate A M AC DOG anywhere A Assistant Cashier M Managing Agent A Agent authorized to receive service for corp. expressly, impliedly or by estoppel C Cashier D Director O Officer G General Agent

Pieper Bar Review Mnemonics


Only a M AN can make a proper appearance in a pending lawsuit M Make pre-answer Motion, extending s time to answer A Serve an Answer N Serve a Notice of appearance in response to summons served w/o complaint To vacate default judgment, bring a REAM of papers w/in 1 yr of being served w/ copy of judgment RE Reasonable Excuse for s default AM must offer Affidavit of Merit setting forth meritorious defense to s claim & that wont be prejudiced by opening default judgment

STATUTE OF LIM ITATIONS A BEAR patient doesnt need to give informed consent B In Best interest of patient not to disclose risks involved cause it would have adversely affected patient E Emergency treatment was required cause of an imminent danger or threat of death to patient A Patient Asks Dr. to proceed regardless of risk R Risks were so commonly known A DIM PLE FIBs for 1 year A Arbitration award must be judicially confirmed D Unlawful State Discrimination complaint must be filed w/ NY state Division of Human Rights I Recover excess Interest paid on loan that has usurious rate (NY - 16%+ annually) M Malicious Prosecution P Invasion of Privacy L Libel & Slander E Retaliatory Eviction F False Imprisonment or False Arrest I Intentional Infliction of Emotional Harm B Assault or Battery

Pieper Bar Review Mnemonics


LEAP DADS CAT if SOL expired L Parties Lengthen the SOL E Equitable Estoppel A Written Acknowledgment of an old / existing debt P Part payment of an old debt D Disability of the P A Amending a pleading to add a time barred claim D Death of a party S Soldiers and sailors relief act C Time barred related CCs A Claims Arising outside NY where IPJ cant be obtained over in NY ct. T Termination of action, then recommencing after SOL has expired.

A SCARF CRIM E lasts 6 years S Specific Performance of Contract C Contract Actions to recover $ that dont involve sale of goods A Actions recognized at common law, but where leg. hasnt prescribed SOL R Reformation of Contract F Fraud, Deceit or Misrepresentation C Corp. Derivative Actions R Rescission & Restitution c/a I Indemnification or Contribution M Mortgage Foreclosures E Equitable Claims

There was a SOFT RAIN for 3 years S Strict Products (DIM ) O Misappropriation of corp or Opportunity F Breach of Fiduciary Duty in which only $ damages are sought T Damages for Trespass or claim for nuisance R Replevin or Conversion A Annulment of a marriage on the ground of fraud I Tortuous Interference w/ another persons k rights (KID) K Knew of enforceable k I Intentionally Procured its breach; AND D Proximately caused $ Damages N or Malpractice by professional

Liability is vicarious to a POPE P Principal O Owner of NY Vehicle P Partner E Employer J.P. M D doesnt get an extra 6 months to recommence dismissed suit J Lack of Jurisdiction (M OP) P s neglect to Prosecute 1st action M Dismissal on Merits (Sum Jud) D Voluntary Discontinuance by P

Pieper Bar Review Mnemonics


M OTION PRACTICE Dismiss s complaint w/ SPARERIBS S SOL P Payment A Arbitration & Award R Release given by the E Collateral Estoppel R Res Judicata I Infancy or Incompetency B s claim was discharged in Bankruptcy by S SOF Summary Judgment has LIPS to kiss L Motion can be decided as matter of Law I There are no factual Issues of material fact that have to be litigated P Ct. can grant Partial summary judgment S Ct. can Search the record, but only on issues or claims raised in motion papers PROVISIONAL REM EDIES Before granting LIAR, ct. looks for a COP L Lis Pendens (Notice of Pendency) I Preliminary Injunction A Order of Attachment R Receiver C Showing by C&C evidence, probably will succeed & is entitled to PR requested by demonstrating extra-ordinary circumstances (LIE). O Judge must issue Order P Immediate Post-Seizure hearings required if LIAR was obtained ex parte (5 or 10 days is considered immediate)

Prelim injunction wont be granted unless tells a LIE L Likelihood (probability, but not certainty) of s success I Irreparable injurys occurring or will occur to unless PI is granted. E Equities when balanced by ct. clearly weigh in s favor. Extra Ordinary Circumstances must be shown in s motion papers before ct. can FIND C.J. to attach her property and grant order of attachment F s Foreign corp not qualified to do business in NY I Intent to defraud creditors or frustrate enforcement of $ judgment READS his NY assets READS a fraudulent intent R Removes assets / property from state E Encumbers property A has Assigned property D Disposed of it S Secreted property (hid it) N s a Non-domiciliary who resides outside state D s a NY Domicile or NY resident but cant be personally served despite diligent efforts C Crime Victims are entitled to order of attachment when suing convicted felon (Son of Sam law) J s cause of action is based on default Judgment from fed or sister state ct. entitled to full faith & credit or is based on foreign countries judgment

LPs the only PR where s not a SLOB S The Sheriffs not involved L Theres no ct. review of s Likelihood of success on the merits O No ct. Orders required B No Bond needs to be posted

Pieper Bar Review Mnemonics


PLEADINGS Even if a tortfeasor is less than 50% at fault, W ARM DIPS doesnt limit joint & several W Workers Comp. cases where s employers impleaded by to share (contribution) in employees grave injury *A s injuries were caused by s use, ownership or operation of Automobile, motorcycle or other motor vehicle. Except Municipal Fire trucks & Police Cars R Reckless (Gross ) Conduct causing s injury M s who are More than 50% responsible for s injury D Wrongful Death judgments (NY - actions to recover only econ injuries) resulting from decedents death I Intentional Tortfeasors remain 100% for s injuries P Property damage S Party who released Hazardous Substance (can be compelled to pay 100% of s judgment regardless of its apportioned share of fault)

DISCOVERY Use a PAID M AID for pre-trial discovery P Physical Exam A Request for Admissions I Written Interrogatories D Depositions (aka EBTs examination before trial) M Mental Exam A Demand for Addresses I Inspection of Evidence D Discovery of Evidence (Discovery & Inspection) Object to the form of an EBT question at A CLAM BAR A Ambiguous Question C Compound Question (asking 2 things at once) L Leading Question on direct exam A Argumentative & Badgering Question M Misquoting an earlier statement B An overly Broad Question A Assuming a fact not in evidence when asking Question R Redundant Question on direct exam (previously asked & answered by witness) BAR SAP needs a ct order for EBTs B Before actions been commenced, to assist in bringing action or to preserve evidence A After cases placed on trial calendar & no objections made w/in 20 days by other party that cases not ready for trial, no further discoverys allowed unless moving party can show ct unusual or unanticipated circumstances occurred subsequent to filing notice of issue & prejudice would result if further discoverys not permitted. R Refusal to comply w/ EBT Demand S Special Proceedings - Art. 78 (except n