How Do I Serve a Defendant in New York?
Full Question:
Answer:
Under Section 307, service by mail is allowed for non-domiciliaries, which would not be the case if the party to be served resides in the same state as the court.
Please see:
http://www.serve-now.com/resources/process-serving-laws/New-York/
Please see the following NY statutes:
§ 307. Service of process
1. Service by personal delivery. Service of the process may be made on
any person by personal delivery to him of a copy of the process either
within or without the state.
2. Service by registered or certified mail, return receipt requested,
or by special mail service, upon non-domiciliaries. Service of the
process may be made by registered or certified mail, return receipt
requested, or by special mail service, upon non-domiciliaries, whether
or not they be natural persons.
3. Service by court order. As an alternative to service under
subdivisions 1 and 2, service may be made in the manner directed by the
court; but such service, except as provided by subdivision 6, shall not
be ordered upon a domiciliary natural person unless it be shown that,
with due diligence, service by personal delivery within the state cannot
be effected, or where for good cause shown, personal service within the
state would be impracticable. Any proof necessary hereunder may be
submitted in the petition or by affidavit. The court may take into
account the size of the estate and the remoteness of kinship of any
person to be cited in determining the appropriate due diligence
necessary to permit alternate service under this section. The court may
direct service by any one or more of the following methods, which shall
not, however, be exclusive:
(a) service by publication, such as is provided by CPLR 316, subject
to 308 and 309, and to such variations of CPLR 316 as the court may
provide, except that
(i) where persons are to be served by publication, publication in only
1 newspaper shall be required, or
(ii) where a person is alleged to be within a country with which the
United States of America is at war or a place with which the United
States of America does not maintain postal communication, the court may
direct that a copy of the process shall be mailed on behalf of such
person to the officer who may have been appointed to take possession of
the property of alien enemies, or
(iii) where the person to be served is an absentee or alleged to be
deceased, the court may direct that in addition to the foregoing
requirements, the process be published in a newspaper published at or
near the place where the absentee was last known to be, or
(iv) in an adoption proceeding under article seven of the domestic
relations law or in a proceeding under section three hundred
eighty-four-b of the social services law, a single publication in only
one newspaper shall be sufficient.
(b) service by mail, by registered or certified mail with or without
return receipt requested, or by any manner of special mail service, as
the court may direct;
(c) substituted service such as is provided by CPLR 308 (2) and (4),
within or without the state, subject to 308 and 309, and to such
variations of CPLR 308 as the court may provide;
(d) service within or without the state, by personal delivery to a
person duly designated by respondent to receive process in his behalf,
or to a person whose relationship, whatever its character, and by blood
or otherwise to the respondent, indicates in the circumstances the
probability that actual notice will reach the latter through him;
(e) if the interest of a non-domiciliary alien in the estate is less
than $2,500 or his address is unknown or such estate's gross assets are
less than $25,000, by delivery of a copy of the process to a consular
official of the alien's nation.
4. Service upon an infant. Service upon an infant requires that
service of process be made upon any one of the following, unless any
such one of them is the petitioner, in which case no such service shall
be required: his father, his mother, his guardian, any adult person
having the care and control of him or with whom he resides, or such
person interested in his welfare or education as the court shall by
order direct, where it appears to the satisfaction of the court that
need for such order exists; and if the infant be of the age of 14 years
or over, also upon the infant in person.
5. Service upon an incompetent, conservatee and persons other than
natural persons. Unless this act otherwise provides or the court in a
given proceeding otherwise directs, CPLR 307, 309 (b), 309 (c), 310,
311, 312 and 1025 are applicable to service under the foregoing
subdivisions of this section.
6. Service upon creditors. Process may be served upon creditors,
regardless of the number thereof, by mailing a copy of the process to
each of them whether or not they be natural domiciliaries
§ 313. Manner of giving notice when not otherwise prescribed
Whenever the manner of giving notice is not otherwise prescribed, the
court may direct both as to the form of notice and the manner and time
of service thereof. Such direction may be indicated on the process or
endorsed upon the application with the same force and effect as if
incorporated in an order.
§ 2206. Compulsory account and related relief; proceedings thereupon
1. A petition to compel an account made pursuant to 2205 may request
multiple relief (a) pursuant to 711 and 719 to suspend and/or remove a
fiduciary who fails to appear on the return date of process or fails to
file an account within such time and in such manner as directed by the
court; (b) to appoint, immediately, an eligible person to succeed a
fiduciary whose letters have been suspended or revoked; and (c) to take
and state an account on behalf of a fiduciary who fails to account and
procure its settlement.
2. On the presentation of a petition made pursuant to 2205 or when so
directed by the court, process, including a summary statement of any
proposed stated account, shall issue to the fiduciary accordingly and on
the return thereof if the fiduciary fails to appear or to file an
account or to show good cause to the contrary or to present a petition
as prescribed in 2208 the court may by order direct the fiduciary to
account within the time and in the manner directed by the court, to
cause process to issue requiring all persons necessary to be served
under 2210 to show cause why the account should not be judicially
settled, cause such process to be served upon such persons and that the
fiduciary attend before the court from time to time for the purpose of
the settlement of the account. In addition, the order may (a)
immediately suspend the letters of a fiduciary who fails to appear on
the return date of process or who fails to file an account within such
time and in such manner as directed by the court, (b) immediately
appoint an eligible person to succeed a fiduciary whose letters are
suspended, (c) schedule a hearing for the modification or revocation of
the letters of a fiduciary whose letters are suspended, and (d) schedule
a hearing to take and state an account on behalf of a fiduciary who
fails to file an account and procure its settlement. Such order shall
also direct the issuance of supplemental process to such persons
entitled to notice on an application to suspend, modify or revoke a
fiduciary's letters, to appoint a successor fiduciary or to settle a
fiduciary's account.
3. The pendency of a proceeding against a fiduciary to compel an
accounting does not preclude the fiduciary from presenting a petition as
prescribed in 2208. If such petition is presented on or before the
return of process as prescribed herein, process issued thereon need not
be directed to the petitioner who compelled the accounting, and the two
proceedings must be consolidated.
4. After hearing the proofs of the parties the court may take and
state the account and make such order or decree as justice shall
require, notwithstanding the failure or refusal of the fiduciary to file
such account and procure its settlement.
