N.Y. Civil Practice Law & 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 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.