N.Y. Uniform City Court Act § 213: Residence or business within city

§ 213. Residence or business within city.

(a) In an action described in § 202, either a plaintiff or a defendant

must:

1. be a resident of the city or of a town contiguous to such city,

provided that such town is

(i) within the same county, and

(ii) contiguous to the city by land, and

(iii) not within either Nassau or Westchester counties; or

2. have a regular employment within the city; or

3. have a place for the regular transaction of business within the

city.

(b) A corporation, association or partnership shall, for the purposes

of this section, be deemed a resident of the city if it has an office or

agency or regularly transacts business in the city.

(c) The requirements of subdivision (a) shall not apply:

1. in an action described in § 404 (a), relative to a cause of action

arising within the city; or

2. in an action described in § 405, relative to actions in rem or

quasi in rem; or

3. in an action wherein service of summons is made pursuant to § 407,

relative to service upon an attorney or clerk as agent of his client; or

4. to a counterclaim, cross-claim, third-party claim, interpleader

claim, or claim asserted by or against a party who has intervened in the

action.

(d) The requirements of this section shall not be deemed

jurisdictional; they shall be deemed waived by the plaintiff upon his

commencing an action in the court, and they shall be deemed waived by

the defendant unless he raises the objection by motion or in his

responsive pleading as prescribed in § 1002 of this act. Notwithstanding

waiver by the parties, the court may, on its own initiative at any time,

dismiss an action which does not satisfy the requirements of this

section. Any dismissal under this section shall entitle the parties to

the benefit of CPLR § 205, relating to an extension of time to commence

a new action.