N.Y. CPLR § 302

NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 302 Personal jurisdiction by acts of non-domiciliaries § 302. Personal jurisdiction by acts of non-domiciliaries. (a) Actswhich are the basis of jurisdiction. As to a cause of action arisingfrom any of the acts enumerated in this section, a court may exercisepersonal jurisdiction over any non-domiciliary, or his executor oradministrator, who in person or through an agent:1. transacts any business within the state or contracts anywhere tosupply goods or services in the state; or2. commits a tortious act within the state, except as to a cause ofaction for defamation of character arising from the act; or3. commits a tortious act without the state causing injury to personor property within the state, except as to a cause of action fordefamation of character arising from the act, if he(i) regularly does or solicits business, or engages in any otherpersistent course of conduct, or derives substantial revenue from goodsused or consumed or services rendered, in the state, or(ii) expects or should reasonably expect the act to have consequencesin the state and derives substantial revenue from interstate orinternational commerce; or4. owns, uses or possesses any real property situated within thestate.(b) Personal jurisdiction over non-resident defendant in matrimonialactions or family court proceedings. A court in any matrimonial actionor family court proceeding involving a demand for support, alimony,maintenance, distributive awards or special relief in matrimonialactions may exercise personal jurisdiction over the respondent ordefendant notwithstanding the fact that he or she no longer is aresident or domiciliary of this state, or over his or her executor oradministrator, if the party seeking support is a resident of ordomiciled in this state at the time such demand onger is aresident or domiciliary of this state, or over his or her executor oradministrator, if the party seeking support is a resident of ordomiciled in this state at the time such demand is made, provided thatthis state was the matrimonial domicile of the parties before theirseparation, or the defendant abandoned the plaintiff in this state, orthe claim for support, alimony, maintenance, distributive awards orspecial relief in matrimonial actions accrued under the laws of thisstate or under an agreement executed in this state. The family court mayexercise personal jurisdiction over a non-resident respondent to theextent provided in sections one hundred fifty-four and one thousandthirty-six and article five-B of the family court act and article five-Aof the domestic relations law.(c) Effect of appearance. Where personal jurisdiction is based solelyupon this section, an appearance does not confer such jurisdiction withrespect to causes of action not arising from an act enumerated in thissection.(d) Foreign defamation judgment. The courts of this state shall havepersonal jurisdiction over any person who obtains a judgment in adefamation proceeding outside the United States against any person whois a resident of New York or is a person or entity amenable tojurisdiction in New York who has assets in New York or may have to takeactions in New York to comply with the judgment, for the purposes ofrendering declaratory relief with respect to that person's liability forthe judgment, and/or for the purpose of determining whether saidjudgment should be deemed non-recognizable pursuant to sectionfifty-three hundred four of this chapter, to the fullest extentpermitted by the United States constitution, provided:1. the publication at issue was published in New York, and2. that resident or person amenable to jurisdiction in New York (i)has assets in New York which might be used to satisfy t provided:1. the publication at issue was published in New York, and2. that resident or person amenable to jurisdiction in New York (i)has assets in New York which might be used to satisfy the foreigndefamation judgment, or (ii) may have to take actions in New York tocomply with the foreign defamation judgment. The provisions of thissubdivision shall apply to persons who obtained judgments in defamationproceedings outside the United States prior to and/or after theeffective date of this subdivision.