Obtaining Personal Jurisdiction in New York Over an Out-of-State Person

A court needs to have personal jurisdiction over a person in order to make a ruling affecting the person. If a court does not have personal jurisdiction over a person, the court usually cannot decide the case. In this article, we take you through how a court can obtain personal jurisdiction in New York over an out-of-state person.

Personal Jurisdiction Generally

A New York court may have personal jurisdiction over someone who does not have his permanent residence in the state if the out-of-state person:

1. Transacts business in New York or contracts to supply goods or services in New York; or

2. Commits a tortious act in New York, except if the lawsuit is for defamation of character stemming from the tortious act; or

3. Commits a tortious act outside of New York that causes an injury to someone living in New York or property located in New York, if he:

A. Regularly does or solicits business in New York, or gets a significant amount of revenue from goods or services used in New York, or

B. Expects the tortious act to have consequences in New York, or should reasonably expect the act to have consequences in the state, and gets a significant amount of revenue from interstate or international commerce; or

4. Owns, uses, or possesses real property in New York.

Personal Jurisdiction in New York Over an Out-of-State Person in Matrimonial Cases

In a matrimonial case or family court proceeding that involves a support or alimony demand, a New York court may have personal jurisdiction over someone who does not have his permanent residence in the state if:

1. The person seeking support is a resident of New York or has his permanent residence in New York at the time the lawsuit is filed, and;

A. New York was where the parties’ had their permanent residence before their separation; or

B. The defendant abandoned the plaintiff in New York; or

C. The claim for support or alimony accrued under New York laws or under an agreement that was executed in New York.

Find it in the New York Consolidated Laws, Civil Practice Law and Rules § 302.

Word of Caution — This post is for educational purposes. Personal jurisdiction issues may be very complex and have significant consequences. It is best to always seek advice and help from a licensed lawyer.