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This entry was published on 2014-09-22
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SECTION 404
Summons; personal jurisdiction by acts of non-residents
Uniform City Court Act (UCT) CHAPTER 497, ARTICLE 4
§ 404. Summons; personal jurisdiction by acts of non-residents.

(a) Acts which are the basis of jurisdiction. The court may exercise
personal jurisdiction over any non-resident of the county, or his
executor or administrator, as to a cause of action arising from any of
the acts enumerated in this section, in the same manner as if he were a
domiciliary of the state and a resident of the county, if, in person or
through an agent, he:

1. transacts any business within the city; or

2. commits a tortious act within the city, except as to a cause of
action for defamation of character arising from the act; or

3. owns, uses or possesses any real property situated within the city.

(b) Service of summons. Service of summons under this section may be
made in any part of the county or any adjoining county and shall be made
in such manner as would confer jurisdiction on supreme court in a like
case.

(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) Corporation or association. If service of the summons cannot be
effected by personal delivery thereof within the county so as to acquire
in personam jurisdiction of a corporation or unincorporated association,
such corporation or association shall be deemed a non-resident of the
county for purposes of this section.