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New York Civil Practice Law and Rules 302 - Personal Jurisdiction By Acts Of Non-domiciliaries.

Legal Research Home > New York Lawyer > Civil Practice Laws and Rules > New York Civil Practice Law and Rules 302 - Personal Jurisdiction By Acts Of Non-domiciliaries.

    § 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 of the family court act.
    (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.

Last modified: July 31, 2006