§ 302 — Personal jurisdiction by acts of non-domiciliaries

New York § 302

• Jurisdiction: New York
• Law CVP: Civil Practice Law & Rules
• Art. 3: Jurisdiction and Service, Appearance and Choice of Court

Text

§ 302. Personal jurisdiction by acts of non-domiciliaries. (a) Acts\nwhich are the basis of jurisdiction. As to a cause of action arising\nfrom any of the acts enumerated in this section, a court may exercise\npersonal jurisdiction over any non-domiciliary, or his executor or\nadministrator, who in person or through an agent:\n 1. transacts any business within the state or contracts anywhere to\nsupply goods or services in the state; or\n 2. commits a tortious act within the state, except as to a cause of\naction for defamation of character arising from the act; or\n 3. commits a tortious act without the state causing injury to person\nor property within the state, except as to a cause of action for\ndefamation of character arising from the act, if he\n (i) regularly does or solicits business, or engages in any other\npersistent course of conduct, or derives substantial revenue from goods\nused or consumed or services rendered, in the state, or\n (ii) expects or should reasonably expect the act to have consequences\nin the state and derives substantial revenue from interstate or\ninternational commerce; or\n 4. owns, uses or possesses any real property situated within the\nstate.\n (b) Personal jurisdiction over non-resident defendant in matrimonial\nactions or family court proceedings. A court in any matrimonial action\nor family court proceeding involving a demand for support, alimony,\nmaintenance, distributive awards or special relief in matrimonial\nactions may exercise personal jurisdiction over the respondent or\ndefendant notwithstanding the fact that he or she no longer is a\nresident or domiciliary of this state, or over his or her executor or\nadministrator, if the party seeking support is a resident of or\ndomiciled in this state at the time such demand is made, provided that\nthis state was the matrimonial domicile of the parties before their\nseparation, or the defendant abandoned the plaintiff in this state, or\nthe claim for support, alimony, maintenance, distributive awards or\nspecial relief in matrimonial actions accrued under the laws of this\nstate or under an agreement executed in this state. The family court may\nexercise personal jurisdiction over a non-resident respondent to the\nextent provided in sections one hundred fifty-four and one thousand\nthirty-six and article five-B of the family court act and article five-A\nof the domestic relations law.\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) Foreign defamation judgment. The courts of this state shall have\npersonal jurisdiction over any person who obtains a judgment in a\ndefamation proceeding outside the United States against any person who\nis a resident of New York or is a person or entity amenable to\njurisdiction in New York who has assets in New York or may have to take\nactions in New York to comply with the judgment, for the purposes of\nrendering declaratory relief with respect to that person's liability for\nthe judgment, and/or for the purpose of determining whether said\njudgment should be deemed non-recognizable pursuant to section\nfifty-three hundred four of this chapter, to the fullest extent\npermitted by the United States constitution, provided:\n 1. the publication at issue was published in New York, and\n 2. that resident or person amenable to jurisdiction in New York (i)\nhas assets in New York which might be used to satisfy the foreign\ndefamation judgment, or (ii) may have to take actions in New York to\ncomply with the foreign defamation judgment. The provisions of this\nsubdivision shall apply to persons who obtained judgments in defamation\nproceedings outside the United States prior to and/or after the\neffective date of this subdivision.\n