Under general jurisdiction based on presence in New York, where must service occur?

Under general jurisdiction based on presence in New York, where must service occur?

• A. Presence in NY (when served)
• B. Domicile in NY
• C. Consent
• D. Doing business in NY (can be served anywhere)

Answer: (A)

General jurisdiction based on presence in New York operates only if service is carried out while the defendant is physically in the state. If someone is in New York and you serve them there, the court can exercise general jurisdiction over them for all claims, as long as the service follows the proper rules. The key idea is the act of serving while they are present in the forum, not where they are domiciled or whether they consent or whether they do business there. Domicile can confer general jurisdiction on its own, and consent or doing business are separate bases, but for presence-based general jurisdiction the service must occur during the defendant’s actual physical presence in New York.

General jurisdiction based on presence in New York operates only if service is carried out while the defendant is physically in the state. If someone is in New York and you serve them there, the court can exercise general jurisdiction over them for all claims, as long as the service follows the proper rules. The key idea is the act of serving while they are present in the forum, not where they are domiciled or whether they consent or whether they do business there. Domicile can confer general jurisdiction on its own, and consent or doing business are separate bases, but for presence-based general jurisdiction the service must occur during the defendant’s actual physical presence in New York.