Summons; personal jurisdiction by acts of non-residents

§ 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.