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This entry was published on 2014-09-22
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SECTION 302
Personal jurisdiction by acts of non-domiciliaries
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 3
§ 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.