The commencement of an action in the state by a person not subject to personal jurisdiction is a designation by him of his attorney appearing in the action or of the clerk of the court if no attorney appears, as agent, during the pendency of the action, for service of a summons pursuant to section 308, in any separate action in which such a person is a defendant and another party to the action is a plaintiff if such separate action would have been permitted as a counterclaim had the action been brought in the supreme court.
§ 303.Designation of attorney as agent for service.
Article 3. Jurisdiction and Service, Appearance and Choice of Court · Last amended 1972 · Last verified July 21, 2026
In one sentenceCPLR 303 says that a non-domiciliary who sues in New York thereby designates their own attorney (or the court clerk) as an agent for service, so the original defendant can bring a related counterclaim-style action back against that plaintiff.
Full Text of CPLR 303
Plain-English Summary
Section 303 closes a loophole that would otherwise let an out-of-state plaintiff use New York courts to press a claim while staying out of reach for a claim brought back. When a person not otherwise subject to New York jurisdiction commences an action here, the statute treats that filing as a designation of the plaintiff's own trial attorney -- or, if no attorney has appeared, the court clerk -- as agent for service of a summons in a separate action the original defendant later brings against that plaintiff.
The reach of this rule is limited by design. The separate action has to be one that would have qualified as a counterclaim if it had been brought in supreme court, and the designation lasts only while the original action is pending. So a defendant sued by an out-of-state plaintiff can turn around and sue that plaintiff on a related claim without having to chase the plaintiff down somewhere else to serve papers.
The practical effect is to keep the dispute in one forum. A plaintiff who chooses to sue in New York accepts that the same courthouse can resolve a connected claim against them, served through the lawyer already representing them in the case.
Frequently Asked Questions
What does CPLR 303 do?
It provides that a non-domiciliary who commences an action in New York automatically designates their own attorney in that action -- or the clerk of the court if no attorney has appeared -- as agent for service of a related counterclaim-style action brought against them.
Can a non-resident plaintiff avoid being countersued in New York?
Not through the usual difficulty of tracking someone down to serve papers. Section 303 lets the original defendant serve the counter-suit on the plaintiff's own attorney of record.
Who acts as the agent for service under CPLR 303 if there's no attorney?
The clerk of the court where the original action was filed serves as the agent for service if no attorney has appeared for the non-domiciliary plaintiff.
Does CPLR 303 apply to any countersuit or only specific ones?
Only to a separate action that would have qualified as a counterclaim if it had been brought as part of the original action in supreme court.
How long does the attorney's agency for service last under CPLR 303?
Only during the pendency of the original action the non-domiciliary plaintiff commenced.
Advisory Committee Notes
This section is derived from CPA § 227-a, which was enacted in 1949 upon recommendation of the Law Revision Commission. See NY Law Rev Comm’n Rep 169 (1949); Prashker, New York Practice 194 (3d ed 1954). Use of the phraseology “not subject to personal jurisdiction” makes unnecessary the reference in the second paragraph of § 227-a to the inapplicability of the section where a foreign corporation has obtained a certificate to do business in the state or an association doing business within the state has designated the Secretary of State as its agent for service pursuant to § 18 of the General Associations Law. This phraseology also more clearly indicates the design of the section: a person may not be residing within the state and yet be a domiciliary so that personal service can be made upon him without the state; the language used thus eliminates any problem caused by the distinction between domicile and residence.
Use of the phraseology “not subject to personal jurisdiction” makes unnecessary the reference in the second paragraph of § 227-a to the inapplicability of the section where a foreign corporation has obtained a certificate to do business in the state or an association doing business within the state has designated the Secretary of State as its agent for service pursuant to § 18 of the General Associations Law. This phraseology also more clearly indicates the design of the section: a person may not be residing within the state and yet be a domiciliary so that personal service can be made upon him without the state; the language used thus eliminates any problem caused by the distinction between domicile and residence.
Even if the court in which the action is pending does not have jurisdiction to entertain the counterclaim, if the counterclaim might have been entertained in the Supreme Court had the action been brought there, jurisdiction may be acquired under this section.
Amendment History
Add, L 1962, ch 308, § 1; amd, L 1972, ch 487, § 1, eff Sept 1, 1972.
Source & verification. Provision text, History, and Advisory
Committee Notes are reproduced verbatim from the Consolidated Laws of New York.
Last verified July 21, 2026.
· Official source
Also known as: designation of attorney as agent for service New Yorknon-resident plaintiff counterclaim New Yorkservice on plaintiff's attorney CPLRNew York agent for service by commencing action