Residence or business within city

§ 213. Residence or business within city.\n (a) In an action described in § 202, either a plaintiff or a defendant\nmust:\n 1. be a resident of the city or of a town contiguous to such city,\nprovided that such town is\n (i) within the same county, and\n (ii) contiguous to the city by land, and\n (iii) not within either Nassau or Westchester counties; or\n 2. have a regular employment within the city; or\n 3. have a place for the regular transaction of business within the\ncity.\n (b) A corporation, association or partnership shall, for the purposes\nof this section, be deemed a resident of the city if it has an office or\nagency or regularly transacts business in the city.\n (c) The requirements of subdivision (a) shall not apply:\n 1. in an action described in § 404 (a), relative to a cause of action\narising within the city; or\n 2. in an action described in § 405, relative to actions in rem or\nquasi in rem; or\n 3. in an action wherein service of summons is made pursuant to § 407,\nrelative to service upon an attorney or clerk as agent of his client; or\n 4. to a counterclaim, cross-claim, third-party claim, interpleader\nclaim, or claim asserted by or against a party who has intervened in the\naction.\n (d) The requirements of this section shall not be deemed\njurisdictional; they shall be deemed waived by the plaintiff upon his\ncommencing an action in the court, and they shall be deemed waived by\nthe defendant unless he raises the objection by motion or in his\nresponsive pleading as prescribed in § 1002 of this act. Notwithstanding\nwaiver by the parties, the court may, on its own initiative at any time,\ndismiss an action which does not satsify the requirements of this\nsection. Any dismissal under this section shall entitle the parties to\nthe benefit of CPLR § 205, relating to an extension of time to commence\na new action.\n