N.Y.
Civil Practice Law & Rules Section 302
Personal jurisdiction by acts of non-domiciliaries
Mentioned in
New York’s Long-Arm Jurisdiction Extends its Reach
New York Commercial Division Round-Up Blog, April 10, 2023
“While this case did not originate in the Commercial Division, all New York state court practitioners need to take account of the expansion of specific jurisdiction announced in Vayu.”
Bibliographic info
(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; or2.
commits a tortious act within the state, except as to a cause of action for defamation of character arising from the act; or3.
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; or4.
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 § 5304 (Grounds for non-recognition)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, and2.
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.
Source:
Section 302 — Personal jurisdiction by acts of non-domiciliaries, https://www.nysenate.gov/legislation/laws/CVP/302 (updated Sep. 22, 2014; accessed Apr. 13, 2024).
