2012 New York Consolidated Laws
CVP - Civil Practice Law & Rules
Article 3 - (301 - R328) JURISDICTION AND SERVICE, APPEARANCE AND CHOICE OF COURT
302 - Personal jurisdiction by acts of non-domiciliaries.


NY CPLR § 302 (2012) What's This?
 
    §  302.  Personal  jurisdiction by acts of non-domiciliaries. (a) Acts
  which are the basis of jurisdiction. As to a  cause  of  action  arising
  from  any  of  the acts enumerated in this section, a court may exercise
  personal jurisdiction over  any  non-domiciliary,  or  his  executor  or
  administrator, who in person or through an agent:
    1.  transacts  any  business within the state or contracts anywhere to
  supply goods or services in the state; or
    2. commits a tortious act within the state, except as to  a  cause  of
  action for defamation of character arising from the act; or
    3.  commits  a tortious act without the state causing injury to person
  or property within the state,  except  as  to  a  cause  of  action  for
  defamation of character arising from the act, if he
    (i)  regularly  does  or  solicits  business,  or engages in any other
  persistent course of conduct, or derives substantial revenue from  goods
  used or consumed or services rendered, in the state, or
    (ii)  expects or should reasonably expect the act to have consequences
  in  the  state  and  derives  substantial  revenue  from  interstate  or
  international commerce; or
    4.  owns,  uses  or  possesses  any  real property situated within the
  state.
    (b) Personal jurisdiction over non-resident defendant  in  matrimonial
  actions  or  family court proceedings. A court in any matrimonial action
  or family court proceeding involving  a  demand  for  support,  alimony,
  maintenance,  distributive  awards  or  special  relief  in  matrimonial
  actions may  exercise  personal  jurisdiction  over  the  respondent  or
  defendant  notwithstanding  the  fact  that  he  or  she  no longer is a
  resident or domiciliary of this state, or over his or  her  executor  or
  administrator,  if  the  party  seeking  support  is  a  resident  of or
  domiciled in this state at the time such demand is made,  provided  that
  this  state  was  the  matrimonial  domicile of the parties before their
  separation, or the defendant abandoned the plaintiff in this  state,  or
  the  claim  for  support,  alimony,  maintenance, distributive awards or
  special relief in matrimonial actions accrued under  the  laws  of  this
  state or under an agreement executed in this state. The family court may
  exercise  personal  jurisdiction  over  a non-resident respondent to the
  extent provided in sections one  hundred  fifty-four  and  one  thousand
  thirty-six and article five-B of the family court act and article five-A
  of the domestic relations law.
    (c)  Effect of appearance. Where personal jurisdiction is based solely
  upon this section, an appearance does not confer such jurisdiction  with
  respect  to  causes of action not arising from an act enumerated in this
  section.
    (d) Foreign defamation judgment. The courts of this state  shall  have
  personal  jurisdiction  over  any  person  who  obtains  a judgment in a
  defamation proceeding outside the United States against any  person  who
  is  a  resident  of  New  York  or  is  a  person  or entity amenable to
  jurisdiction in New York who has assets in New York or may have to  take
  actions  in  New  York  to comply with the judgment, for the purposes of
  rendering declaratory relief with respect to that person's liability for
  the judgment,  and/or  for  the  purpose  of  determining  whether  said
  judgment   should   be   deemed  non-recognizable  pursuant  to  section
  fifty-three  hundred  four  of  this  chapter,  to  the  fullest  extent
  permitted by the United States constitution, provided:
    1. the publication at issue was published in New York, and
    2.  that  resident  or person amenable to jurisdiction in New York (i)
  has assets in New York which  might  be  used  to  satisfy  the  foreign
  defamation  judgment,  or  (ii)  may have to take actions in New York to
  comply with the foreign defamation  judgment.  The  provisions  of  this

  subdivision  shall apply to persons who obtained judgments in defamation
  proceedings  outside  the  United  States  prior  to  and/or  after  the
  effective date of this subdivision.

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