NY CPLR Service Methods

Understanding New York's Civil Practice Law and Rules (CPLR) is essential for valid service. We execute all CPLR-compliant service methods.

CPLR 308: Service on Natural Persons

CPLR Section 308 governs how legal papers must be served on individuals in New York. There are several authorized methods, each with specific requirements.

308(1)

Personal Service

The most direct method—delivering papers directly into the defendant's hands. This is the preferred method as it provides the clearest proof of notice.

Requirements:

  • • Papers delivered directly to defendant
  • • Physical description documented
  • • Date, time, location recorded

Advantages:

  • • Highest level of proof
  • • No additional mailing required
  • • Less likely to be challenged
308(2)

Substituted Service

When personal service cannot be made with reasonable diligence, papers may be left with a person of suitable age and discretion at the defendant's residence or place of business.

Requirements:

  • • Delivered to person of suitable age
  • • At defendant's home or workplace
  • • Copy mailed within 20 days
  • • Proof of mailing filed

Key Points:

  • • "Suitable age" typically 18+
  • • Must appear capable of understanding
  • • Recipient's name required if known
308(4)

Conspicuous Place Service ("Nail and Mail")

When personal and substituted service cannot be completed with due diligence, papers may be affixed to the door and a copy mailed. This requires documented evidence of prior attempts.

Requirements:

  • • Due diligence must be shown
  • • Papers affixed to door
  • • Copy mailed same day
  • • Detailed affidavit required

Due Diligence Includes:

  • • Multiple attempts at varied times
  • • Attempts at home and work
  • • Address verification efforts
308(5)

Court-Ordered Service

When other methods are impractical, the court may authorize alternative service methods such as service by publication, email, or other means reasonably calculated to give notice.

Requirements:

  • • Court motion required
  • • Must show other methods impractical
  • • Detailed affidavit of efforts

Alternative Methods:

  • • Service by publication
  • • Service by email (rare)
  • • Service to last known address

CPLR 311: Service on Corporations & Other Entities

Serving business entities requires delivering papers to specific authorized individuals. The rules vary by entity type.

Corporations

Service on officer, director, managing agent, cashier, or agent designated for service.

Also: Secretary of State for domestic and authorized foreign corporations.

Partnerships

Service on any general partner or managing agent at the partnership's principal office.

LLPs: May also serve registered agent or Secretary of State.

LLCs

Service on member, manager, or agent designated for service. Secretary of State if registered.

Note: Check LLC's articles for designated agent.

City of New York

Service on Corporation Counsel or assistant. May also require service on specific agency.

Address: 100 Church Street, New York, NY.

State of New York

Service on Attorney General. Special rules for claims against state agencies.

Court of Claims: Different procedures apply.

Foreign Entities

Unauthorized foreign corporations may be served through Secretary of State or by other CPLR methods.

Long-arm: CPLR 302 jurisdiction rules apply.

Expert CPLR-Compliant Service

Our experienced process servers know exactly which method is appropriate for your case and execute it with precision.

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