New York Service of Process Rules

Like most states, the New York service of process rules are very specific. Lawyers, paralegals, and legal professionals need to have a clear understanding of these rules in order to ensure that their legal papers are served properly.

Without the correct service of process being completed, a lawsuit could ultimately be dismissed. A lawsuit dismissed because of a technical service-of-process error can become a costly and avoidable setback.

Where to find New York service of process rules

New York’s service of process rules are detailed and easy to misapply. Lawyers and paralegals need to understand the requirements to make sure service of process is correctly done so their lawsuit can move forward without unnecessary delays or challenges.

Many New York civil service-of-process rules are found in the New York Civil Practice Law and Rules (CPLR), which is Chapter 8 of the Consolidated Laws of New York.

We have compiled some of the most important New York service of process rules for you below.

Method of service of process in New York

When a plaintiff is filing a lawsuit, the plaintiff is responsible for making sure the summons and complaint (commonly referred to as “process”) are properly served on the named defendant(s) in the lawsuit.

New York’s service-of-process rules provide different methods of service depending on the type of defendant being served. The requirements may vary depending on whether the defendant is an individual, a corporation, limited liability company, partnership, government agency, public authority, or another type of entity. 

Personal service of process in New York state

For an individual defendant, often referred to as a “natural person,” one of the most direct methods of service is personal delivery. Under New York's CPLR 308(1), service may be  made “by delivering the summons within the state to the person to be served.” In practice, this means the summons and complaint are delivered directly to the individual defendant, by a person who is legally permitted to do so.

In many New York civil cases, court papers may be served by a person who is at least 18 years old and is not a party to the case. There is also an important local licensing requirement in New York City. But eligibility to serve papers is only the starting point. The person serving the papers must also follow the correct method of service, properly document the service, and understand any case-specific requirements that may apply.

Using an inexperienced or improperly credentialed server can increase the risk of defective service that could cause delays, motion practice, or challenges to the court’s jurisdiction over the defendant. A professional service-of-process company can help reduce that risk by carefully following New York’s procedural requirements.

Substituted service in New York

There are circumstances where personal service of process cannot be accomplished. There could be many reasons why a process server has not been able to hand-deliver the legal papers directly to the individual defendant. Some defendants know that the lawsuit is coming and will take active measures to avoid service.

The defendant may not be available, may be difficult to locate, or may be temporarily away from home.

In these instances, New York’s service of process rules allow for other options of service.

When personal delivery cannot be completed, New York law provides other authorized methods of service. For example, CPLR 308 allows service on a person of suitable age and discretion followed by mailing, service on a designated agent, “nail and mail” service after due diligence, and, in some circumstances, a court-directed method of service. The appropriate method depends on the facts of the case and the specific statutory requirements.

Substituted service under CPLR 308(2) allows the summons to be delivered to a person of suitable age and discretion at the defendant’s actual place of business, dwelling place, or usual place of abode. This step must be followed by mailing the summons to the defendant as required by the rule.

The server must also carefully document the details of service, including who received the papers and the date, time, and location of service.

This method also has strict timing requirements. The delivery and mailing must be completed within 20 days of each other, proof of service must be filed within 20 days after the later of the delivery or mailing, and service is complete 10 days after the proof of service is filed.

New York service of process rules for “nail and mail”

When personal delivery under CPLR 308(1) or substituted service under CPLR 308(2) cannot be completed with due diligence, New York law may allow a  method commonly referred to as “nail and mail.” 

Under CPLR 308(4), the summons may be affixed to the door of the defendant’s actual place of business, dwelling place, or usual place of abode. The summons must also be mailed to the defendant’s last known residence or actual place of business, following the mailing requirements in the rule. The server must also document the prior due diligence attempts and the details of affixing and mailing so that proof of service can be properly filed.

How to demonstrate proof of service in New York

Once service of process is complete, the plaintiff must be able to show the court how, when, where, and on whom the papers were served. In New York, this is typically done by filing a proof of service with the court.

Under New York’s CPLR 306, proof of service should identify the following:

• The papers served

• The person who was served and the date, time, address, or, in the event there is no address, place and manner of service

• Manner of service

• The facts showing that the service was made by an authorized person and in an authorized manner

Additional details may be required depending on the method of service. For example, when papers are personally delivered to an individual, the proof of service must include a description of the person served. 

When “nail and mail” service is used, the proof must also describe the prior due-diligence attempts, including the dates, times, and addresses where service was attempted.

Different types of cases and defendants may also have additional requirements. For example, landlord-tenant cases, service on corporations or LLCs, and service on government entities may involve different procedures or additional proof requirements. 

Because of these complexities, it is important to use a professional and experienced service of process provider y to make sure your legal papers are served correctly and on time.