N.Y. Civil Practice Law & Rules Section 308
Personal service upon a natural person


Personal service upon a natural person shall be made by any of the following methods:

1.

by delivering the summons within the state to the person to be served; or

2.

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 person to be served and by either mailing the summons to the person to be served at his or her last known residence or by mailing the summons by first class mail to the person to be served at his or her actual place of business 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 to be served, such delivery and mailing to be effected within twenty days of each other; proof of such service shall be filed with the clerk of the court designated in the summons within twenty days of either such delivery or mailing, whichever is effected later; service shall be complete ten days after such filing; proof of service shall identify such person of suitable age and discretion and state the date, time and place of service, except in matrimonial actions where service hereunder may be made pursuant to an order made in accordance with the provisions of subdivision a of Domestic Relations Law § 232 (Notice of nature of matrimonial action)section two hundred thirty-two of the domestic relations law; or

3.

by delivering the summons within the state to the agent for service of the person to be served as designated under rule 318, except in matrimonial actions where service hereunder may be made pursuant to an order made in accordance with the provisions of subdivision a of Domestic Relations Law § 232 (Notice of nature of matrimonial action)section two hundred thirty-two of the domestic relations law;

4.

where service under paragraphs one and two cannot be made with due diligence, by affixing the summons to the door of either the actual place of business, dwelling place or usual place of abode within the state of the person to be served and by either mailing the summons to such person at his or her last known residence or by mailing the summons by first class mail to the person to be served at his or her actual place of business 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 to be served, such affixing and mailing to be effected within twenty days of each other; proof of such service shall be filed with the clerk of the court designated in the summons within twenty days of either such affixing or mailing, whichever is effected later; service shall be complete ten days after such filing, except in matrimonial actions where service hereunder may be made pursuant to an order made in accordance with the provisions of subdivision a of Domestic Relations Law § 232 (Notice of nature of matrimonial action)section two hundred thirty-two of the domestic relations law;

5.

in such manner as the court, upon motion without notice, directs, if service is impracticable under paragraphs one, two and four of this section.

6.

For purposes of this section, “actual place of business” shall include any location that the defendant, through regular solicitation or advertisement, has held out as its place of business.

Source: Section 308 — Personal service upon a natural person, https://www.­nysenate.­gov/legislation/laws/CVP/308 (updated Sep. 22, 2014; accessed Dec. 21, 2024).

301
Jurisdiction over persons, property or status
302
Personal jurisdiction by acts of non-domiciliaries
303
Designation of attorney as agent for service
304
Method of commencing action or special proceeding
305
Summons
306
Proof of service
306‑A
Index number in an action or proceeding commenced in supreme or county court
306‑B
Service of the summons and complaint, summons with notice, third-party summons and complaint, or petition with a notice of petition or or...
306‑C
Notice of commencement of action for personal injuries by recipient of medical assistance
306‑D
Additional mailing of notice in an action arising out of a consumer credit transaction
307
Personal service upon the state
308
Personal service upon a natural person
309
Personal service upon an infant, incompetent or conservatee
310
Personal service upon a partnership
310‑A
Personal service upon a limited partnership
311
Personal service upon a corporation or governmental subdivision
311‑A
Personal service on limited liability companies
312
Personal service upon a court, board or commission
312‑A
Personal service by mail
313
Service without the state giving personal jurisdiction
314
Service without the state not giving personal jurisdiction in certain actions
315
Service by publication authorized
316
Service by publication
317
Defense by person to whom summons not personally delivered
318
Designation of agent for service
320
Defendant’s appearance
321
Attorneys
322
Authority for appearance of attorney in real property action
325
Grounds for removal
326
Procedure on removal
327
Inconvenient forum
328
Assistance to tribunals and litigants outside the state

Accessed:
Dec. 21, 2024

Last modified:
Sep. 22, 2014

§ 308’s source at nysenate​.gov

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