§ 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 satsify 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.