Section 213. Residence or business within city

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