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New York Civil Practice: CPLR
Copyright 2016, Matthew Bender & Company, Inc., a member of the LexisNexis Group.

2-313 New York Civil Practice: CPLR 313.syn


Service without the State Giving Personal Jurisdiction


David L. Ferstendig

Chapter Summary


This chapter covers CPLR 313, Service without the State Giving Personal Jurisdiction. It addresses a plaintiff's option to serve a summons on the defendant outside of New York by serving the summons in the same manner as would be made within the state. The chapter stresses that jurisdiction is not obtained by service under CPLR 313 alone; it specifies that the defendant must be domiciled in New York or must have participated in acts or transactions that render him subject to personal jurisdiction under CPLR 301 (jurisdiction over persons, property, or status) or CPLR 302 (personal jurisdiction by acts of nondomiciliaries). The chapter then discusses CPLR 313's application to executors or administrators of a domiciliary or person subject to personal jurisdiction under CPLR 301 or 302.

The chapter warns that plaintiff must comply with applicable requirements for service set out in CPLR 308-312 or other statutes of the New York code regardless of the laws governing service of process in the state in which the defendant is served. However, if the plaintiff is a non-resident, service may be made by any person entitled to serve under New York law or the law of the jurisdiction in which the defendant is served. Finally, the chapter describes when a defendant served under CPLR 313 must answer or appear, and discusses the special problems that can arise when service is made on a defendant in a foreign country.

The chapter includes a historical appendix discussing the amendments and legislative and judicial reports relating to CPLR 313, references to related New York State and federal rules, and law reviews discussing CPLR 313.

New York Civil Practice: CPLR (more commonly known as Weinstein, Korn & Miller) is the leading treatise on New York civil procedure and litigation, and is cited frequently by New York State and Federal courts as the authority on civil practice issues. It provides in-depth analysis and interpretation of New York's Civil Practice Law and Rules (CPLR), along with expert guidance and information on common and complex procedural issues facing New York civil law practitioners.


CPLR 313,Service without State Giving Personal Jurisdiction,Service of Process,Personal Jurisdiction,In Personam Jurisdiction,Service outside State,Domicile,New York Domiciliary,Non-Domiciliary,Nonresident,CPLR 301,CPLR 302,Answer,Appear,Foreign Country,Long-Arm Statute,Hague Convention,Central Authority


For further discussion of service, see CPLR R305, Summons; Supplemental Summons; Amendment; CPLR 308, Personal Service upon a Natural Person; CPLR 309, Personal Service upon an Infant, Incompetent or Conservatee; CPLR 310, Personal Service on a Partnership; CPLR 310-a, Personal Service upon a Limited Partnership; CPLR 311, Personal Service upon a Corporation or Governmental Subdivision; CPLR 311-a, Personal Service on Limited Liability Companies; CPLR 312, Personal Service upon a Court, Board or Commission; CPLR 312-a, Personal Service by Mail; and CPLR 314, Service without the State Not Giving Personal Jurisdiction in Certain Actions.


For forms of affidavits and a notice based on the provisions of CPLR 313, see Bender's Forms for Civil Practice: Civil Litigation, CPLR Article 3, Jurisdiction and Service, Appearance and Choice of Court (Matthew Bender).

For checklists, practice pointers, and practice insight relating to jurisdiction and service of process, see LexisNexis AnswerGuide New York Civil Litigation, Ch. 2, Jurisdiction and Service of Process (Matthew Bender).

For coverage of service of process in New York federal courts, see Federal Litigation Guide: New York and Connecticut, Ch. 6, Drafting the Summons and Complaint; and Ch. 8, Serving Process (Matthew Bender).
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