§ 404 — Summons; personal jurisdiction by acts of non-residents

§ 404. Summons; personal jurisdiction by acts of non-residents. (a)\nActs which are the basis of jurisdiction. The court may exercise\npersonal jurisdiction over any non-resident of the city of New York, or\nhis executor or administrator, as to a cause of action arising from any\nof the acts enumerated in this section, in the same manner as if he were\na domiciliary of the state and a resident of the city of New York if, in\nperson or through an agent, he:\n 1. transacts any business within the city of New York or contracts\nanywhere to supply goods or services in the city of New York; or\n 2. commits a tortious act within the city of New York, except as to a\ncause of action for defamation of character arising from the act; or\n 3. owns, uses or possesses any real property situated within the city\nof New York.\n (b) Service of summons. Service of summons under this section may be\nmade in such manner and at such place, regardless of city or state\nlines, as would confer jurisdiction on supreme court in a like case.\n (c) Effect of appearance. Where personal jurisdiction is based solely\nupon this section, an appearance does not confer such jurisdiction with\nrespect to causes of action not arising from an act enumerated in this\nsection.\n (d) Corporation or association. If service of the summons cannot be\neffected by personal delivery thereof within the city of New York so as\nto acquire in personam jurisdiction of a corporation or unincorporated\nassociation, such corporation or association shall be deemed a\nnon-resident of the city of New York for purposes of this section.\n