N.Y. CPLR § 308

NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 308 Personal service upon a natural person § 308. Personal service upon a natural person. Personal service upona natural person shall be made by any of the following methods:1. by delivering the summons within the state to the person to beserved; or2. by delivering the summons within the state to a person of suitableage and discretion at the actual place of business, dwelling place orusual place of abode of the person to be served and by either mailingthe summons to the person to be served at his or her last knownresidence or by mailing the summons by first class mail to the person tobe served at his or her actual place of business in an envelope bearingthe legend "personal and confidential" and not indicating on the outsidethereof, by return address or otherwise, that the communication is froman attorney or concerns an action against the person to be served, suchdelivery and mailing to be effected within twenty days of each other;proof of such service shall be filed with the clerk of the courtdesignated in the summons within twenty days of either such delivery ormailing, whichever is effected later; service shall be complete ten daysafter such filing; proof of service shall identify such person of suitableage and discretion and state the date, time and place of service, exceptin matrimonial actions where service hereunder may be made pursuant to anorder made in accordance with the provisions of subdivision a of sectiontwo hundred thirty-two of the domestic relations law; or3. by delivering the summons within the state to the agent for serviceof the person to be served as designated under rule 318, except inmatrimonial actions where service hereunder may be made pursuant to anorder made in accordance with the provisions of subdivision a of sectiontwo hundred as designated under rule 318, except inmatrimonial actions where service hereunder may be made pursuant to anorder made in accordance with the provisions of subdivision a of sectiontwo hundred thirty-two of the domestic relations law;4. where service under paragraphs one and two cannot be made with duediligence, by affixing the summons to the door of either the actualplace of business, dwelling place or usual place of abode within thestate of the person to be served and by either mailing the summons tosuch person at his or her last known residence or by mailing the summonsby first class mail to the person to be served at his or her actualplace of business in an envelope bearing the legend "personal andconfidential" and not indicating on the outside thereof, by returnaddress or otherwise, that the communication is from an attorney orconcerns an action against the person to be served, such affixing andmailing to be effected within twenty days of each other; proof of suchservice shall be filed with the clerk of the court designated in thesummons within twenty days of either such affixing or mailing, whicheveris effected later; service shall be complete ten days after such filing,except in matrimonial actions where service hereunder may be madepursuant to an order made in accordance with the provisions ofsubdivision a of section two hundred thirty-two of the domestic relationslaw;5. in such manner as the court, upon motion without notice, directs,if service is impracticable under paragraphs one, two and four of thissection.6. For purposes of this section, "actual place of business" shallinclude any location that the defendant, through regular solicitation oradvertisement, has held out as its place of business.