§ 350. Legally protected health activities. Notwithstanding any general or special law, common law, or conflict of law rule to the contrary, the laws of this state shall govern in any case or controversy heard in this state related to legally protected health activity, as defined by section 570.17 of the criminal procedure law.
★ Notwithstanding any contrary law or conflict-of-law rule, New York law governs any case heard here that relates to a "legally protected health activity" as defined in CPL § 570.17. (A shield-law provision — e.g., protecting reproductive/gender-affirming care activity from out-of-state reach.) ★
★ Exam hits:
Commence = FILE (§ 304): filing the summons+complaint (or summons with notice) / petition with the county clerk, plus the § 8018 fee and index number, starts the case and tolls the SOL.
§ 306-b: serve within 120 days of commencement (or 15 days after the SOL if the SOL is 4 months or less); late service → dismissal without prejudice or extension for good cause/interest of justice.
§ 308's five methods — personal delivery (1); deliver-and-mail (2); designated agent (3); nail-and-mail only when 1&2 fail with due diligence (4); court-ordered when 1,2,4 impracticable (5). Deliver/affix + mail within 20 days; file proof within 20 days; service complete 10 days after filing for methods 2 and 4.
§ 302 long-arm bases: transacting business, tortious act in-state (not defamation), tortious act out-of-state causing in-state injury (with the extra revenue tests, not defamation), owning/using NY real property.
Infant service (§ 309): parent/guardian, and the infant too if 14 or older.
Appearance (§ 320):20 days normally, 30 days for state officials and §§ 303/308(2-5)/313/314/315; appearance waives jurisdiction unless a 3211(a)(8) objection is made.
Publication (Rule 316): two papers, once a week × 4 weeks (matrimonial: one paper × 3 weeks); complete on the 28th day after first publication (matrimonial: 21st day).
§ 312-a mail service: acknowledgment must come back in 30 days; service complete when signed acknowledgment is mailed back; failing to return it shifts the cost of other service to the defendant.
Corporations/associations must appear by attorney (§ 321(a)); dead/disabled attorney = 30-day freeze on proceedings (§ 321(c)).
§ 317: a non-personally-served defendant can move to defend within 1 year of learning of the judgment (max 5 years after entry) with a meritorious defense.
Verbatim statute: CPLR - Article 3
Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.
In print
This provision appears in Volume 2 — The JG-22 CPLR and in Volume 1 — The JG-22 in Plain English.