The New York Court of Appeals starts its 2021-22 term with a bang today, the 58th birthday of the CPLR. An important case on personal jurisdiction in the wake of recent decisions from the U.S. Supreme Court, Aybar v. Aybar, 169 A.D.3d 137 (2d Dep’t 2019), is scheduled to be heard and will likely resolve several key questions for plaintiffs and defendants alike.

Due Process Rights of Individual Defendants

Plaintiff (“P”), who is a resident and domiciliary of Oregon, commences an action in New York State Supreme Court against Defendant (“D”), who is a resident and domiciliary of California. The action seeks damages for an assault committed by D upon P in Australia. P properly files the summons and complaint with the Erie County clerk.