2 New York Civil Practice: CPLR P 313.00

Summary

Assuming in personam, in rem, or quasi in rem (attachment) jurisdiction exists over an individual or corporate defendant under CPLR 301 or 302, CPLR 313 authorizes service of a summons on the defendant outside of New York in the same way as service would be made within the state. Service on a defendant subject to long arm jurisdiction is restricted by CPLR 302(c).

To use CPLR 313 for extraterritorial service of process, the plaintiff need not be a resident or domiciliary of New York unless relief is sought under CPLR 302(b). A defendant served outside the state has additional time to answer. If service is made on a defendant who resides in a nation which is a signatory to the Hague Convention, additional service problems may exist pursuant to the Convention.