NYP 3.txt

• Proper commencement of the action
• Proper service of process on ∆
• Proper basis of jurisdiction over the person or property involved in the action

• Filing process with clerk of the court
• Serving process on ∆ within 120 days of the filing

• Summons and complaint, or
• Summons and notice (brief statement of nature of action, relief sought, among of damages)

Any non-party who is at least 18 years old

• Any day of the week, except—
• Sunday, or
• Saturday, IF π knows that ∆ is a Saturday-Sabbath observer (no defect for innocent mistake)

Date that process is served directly upon ∆ (or date of ∆'s refusal, if ∆ is available but refuses to be served)

≥ 15 years old

• 1: Personal delivery upon person of suitable age and discretion at ∆'s actual dwelling/place business, AND
• 2: Follow-up mailing to ∆'s actual place of business or last-known residence, AND
• 3: Filing of proof of service

• ***In order to use affix-and-mail, must show that personal delivery and leave-and-mail were attempted with due diligence.
• (1) AFFIXING process to door of ∆'s actual dwelling/POB, AND
• (2) MAILING a copy of process (by regular mail) to ∆'s actual POB or last-known address
• (3) Filing PROOF OF SERVICE

1) SIGNED ORDER from a court allowing an alternative method of service

2) REQUIREMENTS–

• (1) IMPRACTICALITY of other methods of service (personal delivery, leave-and-mail, affix-and-mail)
• (2) EX PARTE motion with court allowing the invented method of service

When ∆ is an infant, process must be served (using any authorized method) on one of the following adults

• 1) parent
• 2) guardian
• 3) any person having legal custody of ∆
• 4) adult spouse to whom ∆ infant is married and with whom ∆ infant lives

***if ∆ infant is ≥ 14 years old, an additional copy of process must be served on the infant—i.e., must serve on both the ∆ infant AND one of the adults mentioned above

• (1) Serve 1 copy (using any authorized method) on mentally incompetent person, AND
• (2) Serve 1 additional copy on court-appointed guardian IF one has been appointed

**If no court-appointed guardian, then ∆ is served in the same manner as any other ∆.

1) ANY METHOD USED IN NY may be used to serve process outside NY

2) PERSONS AUTHORIZED TO SERVE PROCESS OUTSIDE NY–

• NY RESIDENT if authorized under NY law (i.e., non-party at least 18 y/o)
• Anyone authorized to serve process by the laws of the jurisdiction where service is made
• Any attorney licensed in the jurisdiction where service is made

• Two methods:
• (1) Personal Delivery to an officer, director, designated agent, managing agent or cashier.
• (2) Personal delivery of ONE copy to NY Secretary of State PLUS, one copy to corporation by certified mail, return receipt requested.

• Two methods:
• (1) Personal Delivery to an officer, director, designated agent, managing agent or cashier.
• (2) Personal delivery of TWO copies to NY Secretary of State (NYSS will forward 2nd copy to corporation for you).

• Officer
• Director
• Designated agent
• Managing agent (person with general supervisory authority)
• Cashier or cashier's assistant

1) SERVICE MADE in the following manner

• (1) First-class mail process to ∆
• (2) Include 2 copies of statutory acknowledgement form
• (3) Include pre-addressed stamped envelope for return

Service is effective ONLY IF ∆ signs and returns one of the acknowledgement forms within 30 DAYS of receiving the mailed process. Return of acknowledgment form is not consent to PJ.

2) MAY BE USED TO SERVE PROCESS ON

• Corporations (whether domestic or foreign)
• Natural persons (except infants and mentally incompetent persons with court-appointed guardian)