How to Serve Process in New York
Personal service upon a natural person (CPLR §308):
Personal service shall be made by any of the following methods:
Personal Delivery: This is the highest form of personal service. Delivering the papers within
the state to the person to be served; or
Substituted Service: This type of service is considered a form of personal service and has
a two-step procedure. First, delivering the papers within the state to a person of suitable age and
discretion at the actual place of business, dwelling place or usual place of abode (residence) of the
person to be served. Second, by mailing the papers by first class mail to the person to be served at
his or her last known residence or mailing them to his or her actual place of business (see NOTE
below). Such delivery and mailing to be within 20 days of each other.
Serving an Agent: Delivering the papers within the state to the agent for service of the
person to be served as designated by rule 318. In divorce cases, neither this method nor nail and mail
below may be used.
Nail and Mail: This is also a two-step procedure. If repeated, genuine attempts at personal
and substituted service have failed, the papers may be served by (1) affixing the papers to the door
of either the actual place of business, dwelling place or usual place of abode within the state of the
person to be served, and (2) either mailing the papers to the person to be served at his or her last
known residence or by mailing them by first class mail to the person’s actual place of business. Such
affixing and mailing to be within 20 days of each other. The affidavit of service should describe in
detail the prior attempts at personal service.
[NOTE: The envelope used for the mailing in the 2nd step of Substituted
Service above or (2) of Nail and Mail above must be marked “PERSONAL AND
CONFIDENTIAL” and should not indicate that the matter concerns a legal
action against the person being served.]
Service in a manner directed by the court if #1, #2 and #4 above are impracticable.
“Actual place of business” shall include any location that the Defendant, through regular
solicitation or advertisement, has held out as its place of business.
Personal service upon a corporation (CPLR §311):
Service shall be made by delivering the papers to an officer, director, managing or general agent, or
cashier or assistant cashier (in this context the term cashier has a special meaning which is defined
in cases interpreting this law) or to any other agent authorized by appointment or by law to receive
service.
Personal service shall be made by any of the following methods:
Personal Delivery: This is the highest form of personal service. Delivering the papers within
the state to the person to be served; or
Substituted Service: This type of service is considered a form of personal service and has
a two-step procedure. First, delivering the papers within the state to a person of suitable age and
discretion at the actual place of business, dwelling place or usual place of abode (residence) of the
person to be served. Second, by mailing the papers by first class mail to the person to be served at
his or her last known residence or mailing them to his or her actual place of business (see NOTE
below). Such delivery and mailing to be within 20 days of each other.
Serving an Agent: Delivering the papers within the state to the agent for service of the
person to be served as designated by rule 318. In divorce cases, neither this method nor nail and mail
below may be used.
Nail and Mail: This is also a two-step procedure. If repeated, genuine attempts at personal
and substituted service have failed, the papers may be served by (1) affixing the papers to the door
of either the actual place of business, dwelling place or usual place of abode within the state of the
person to be served, and (2) either mailing the papers to the person to be served at his or her last
known residence or by mailing them by first class mail to the person’s actual place of business. Such
affixing and mailing to be within 20 days of each other. The affidavit of service should describe in
detail the prior attempts at personal service.
[NOTE: The envelope used for the mailing in the 2nd step of Substituted
Service above or (2) of Nail and Mail above must be marked “PERSONAL AND
CONFIDENTIAL” and should not indicate that the matter concerns a legal
action against the person being served.]
Service in a manner directed by the court if #1, #2 and #4 above are impracticable.
“Actual place of business” shall include any location that the Defendant, through regular
solicitation or advertisement, has held out as its place of business.
Personal service upon a corporation (CPLR §311):
Service shall be made by delivering the papers to an officer, director, managing or general agent, or
cashier or assistant cashier (in this context the term cashier has a special meaning which is defined
in cases interpreting this law) or to any other agent authorized by appointment or by law to receive
service.
Updated on: 11/05/2023
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