To render a binding judgment, a court must have both subject matter jurisdiction over the controversy (the subject of the dispute) and personal jurisdiction over the parties (plaintiff and defendant). While subject matter jurisdiction refers to the court’s power to hear a particular type of suit, personal jurisdiction—also known as in personam jurisdiction—concerns the court’s power to bind a particular person or party.

A special appearance is a procedure in civil litigation, and the purpose of a special appearance is to object to the court’s exercise of jurisdiction over the defendant or the defendant’s property on the ground that such person or property is not subject to the court’s jurisdiction. A defendant (person or entity) who has been sued in a state other than the defendant’s primary residence will often challenge the court’s exercise of jurisdiction over the nonresident defendant.

In New York, as in other states, a court must have both subject matter jurisdiction and personal jurisdiction to render a binding judgment. Subject matter jurisdiction is the court's authority to hear a specific type of legal case, while personal jurisdiction refers to the court's power to make a decision that legally binds the parties involved. New York courts can establish personal jurisdiction over a defendant through various means, such as the defendant's presence in the state, consent, domicile, business activities, or through the state's long-arm statute, which allows for jurisdiction over non-residents in certain circumstances. A special appearance is a legal strategy used by a defendant to challenge the court's personal jurisdiction without submitting to it. In New York, a defendant may make a motion to dismiss for lack of personal jurisdiction under the Civil Practice Law and Rules (CPLR) without making a general appearance that would otherwise give the court jurisdiction over them. This allows the defendant to contest the jurisdictional basis without waiving their objection by participating in the case.