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

New York § 404

• Jurisdiction: New York
• Law UDC: Uniform District Court Act
• Art. 4: Summons

Text

§ 404. Summons; personal jurisdiction by acts of non-residents.\n (a) Acts which are the basis of jurisdiction. The court may exercise\npersonal jurisdiction over any non-resident of the county, or his\nexecutor or administrator, as to a cause of action arising from any of\nthe acts enumerated in this section, in the same manner as if he were a\ndomiciliary of the state and a resident of the county, if, in person or\nthrough an agent, he:\n 1. transacts any business within a district of the court in the\ncounty; or\n 2. commits a tortious act within a district of the court in the\ncounty, except as to a cause of action for defamation of character\narising from the act; or\n 3. owns, uses or possesses any real property situated within a\ndistrict of the court in the county.\n (b) Service of summons. Service of summons under this section may be\nmade in such manner and at such place, regardless of county 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 county so as to acquire\nin personam jurisdiction of a corporation or unincorporated association,\nsuch corporation or association shall be deemed a non-resident of the\ncounty for purposes of this section.\n