Foreign companies that do business with New York entities or persons may face in litigation the issue of whether their New York connections with the transactions in dispute are sufficient for a New York court to exercise personal jurisdiction over them. With continued advances in technology, the personal jurisdiction analysis has continued to evolve, and courts are increasingly examining fact patterns with more remote physical contacts with New York. As a result, the personal jurisdiction analysis is becoming increasingly complicated and unpredictable.

Personal Jurisdiction

CPLR §302(a)(1) provides that “a court may exercise personal jurisdiction over any non-domiciliary … who in person or through an agent … transacts any business within the state or contracts anywhere to supply goods or services in the state.” That statute requires that (1) the non-New York defendant transacted some business in New York, and (2) some articulable nexus exists between the business transacted and the cause of action. D & R Glob. Selections, S.L. v. Bodega Olegario Falcon Pineiro, 29 N.Y.3d 292, 298-99 (2017).

Court of Appeals Precedent