IN THE JUNE 1998 edition of this column in The New York Law Journal, we analyzed the law addressing the extent to which the courts of this state may exercise personal jurisdiction over an out-of-state health care provider who negligently injures a New York State resident during the course of treatment rendered outside the state.[1] Inspired by a recently published opinion, we revisit that subject in this month’s column.

To briefly review, CPLR 302, New York’s long-arm statute, confers jurisdiction over a nondomiciliary based upon a cause of action arising from any of the following acts: transaction of any business within the state or contracting anywhere to supply goods or services in the state (CPLR 302(a)(1)); committing a tortious act within the state (CPLR 302(a)(2)); committing a tortious act outside the state causing injury to person or property in the state, if the nondomiciliary regularly does or solicits business, or engages in any other persistent course of conduct, or derives substantial revenue from goods used or consumed or services rendered, in the state (CPLR 302(a)(3)(i)); or, committing a tortious act other than defamation outside the state causing injury to person or property in the state, if the nondomiciliary expects or should reasonably expect the act to have consequences in the state and derives substantial revenue from interstate or international commerce (CPLR 302(a)(3)(ii)).

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