B. Service of Process Upon A Natural Person

• Jurisdiction: New York

B. Service of Process Upon a Natural Person

Personal service of a summons or other process upon a natural person can be made by one of the five methods discussed below.

1. Personal Delivery

The personal handing of the process to the defendant within the state is the most desirable because it assures actual notice to the defendant. In some cases, service will be valid even if the process is not handed to the defendant—for example, where the defendant resists service by force or deceit or refusal to accept service.⁹¹

2. Delivery and Mailing

Service of process can be accomplished by delivering the summons within the state to a person of suitable age and discretion at the actual place of business, dwelling place or usual place of abode of the defendant and by mailing a copy of the process to the defendant at his or her last known residence, or by mailing the process by first-class mail to the person to be served at his or her actual place of business, service and mailing to be done within 20 days of each other. If the mailing is done to the defendant's place of business, it must be in an envelope bearing the legend "Personal and Confidential" and not indicating on the outside thereof, by return address or otherwise, that the communication is from an attorney or concerns an action against the person being served.⁹²

This method can be used without any prior effort to make personal delivery; however, additional efforts to obtain personal delivery are encouraged. Delivery and mailing are both essential in order for the court to obtain jurisdiction over the defendant.

3. Agent for Service

Process can...