What CPLR 308?
CPLR 308(2): Delivery of Summons and Complaint to Doorman in. Apartment House Lobby Deemed Valid Service Upon Apartment. Dweller in Certain Circumstances.
What is personal service New York?
Personal delivery refers to the highest form of service, wherein service is provided within the state to the actual person to be served. Personal service is a part of the actual service, wherein the complaint or the summons is delivered in hand to the respondent.
What is substituted service New York?
Substituted service is one of the ways to deliver legal papers that start a case. The papers are left with someone else to give to the defendant or respondent and copies are mailed. Substituted service can only be used when personal delivery is tried and the person is not there.
How long does a defendant have to answer a complaint in New York?
The written response must be made within 20 days of personal service, or within 30 days of the time when service by any other means is complete. If the defendant fails to respond he or she is in default and plaintiff may be able to obtain a default judgment against the defendant.
Who can serve custody papers in NY?
Or, anyone, like a friend, can serve the papers. But, the person serving the papers must be 18 years old or older. A party can go with the person serving the papers when they are served. In NYC, the person serving the papers is not allowed to serve more than five papers each year.
Can you be served by mail in New York?
Delivering Legal Papers During the Case After the case is started by the plaintiff or petitioner, all legal papers that need to be served can be given to the other side in person or by regular mail, before giving the original papers to the court. Sample Affidavit of Service and Affidavit of Service By Mail.
What happens if a defendant does not respond?
If the defendant does not reply to your claim, you can ask the court to enter judgment ‘by default’ (that is, make an order that the defendant pay you the amount you have claimed because no reply has been received). You should do this as soon as possible after the 14 days have passed.
How can a father win custody in NY?
Under New York law, the child’s best interests are the most important factor in considering which parent gets physical custody. The child’s best interests are also the most important factor for the court when deciding whether a situation warrants granting sole custody.
How late can you serve papers in NY?
In New York City for many Housing Court cases, papers should be served between 6:00 in the morning and 10:00 at night. Substituted delivery. Papers are left with someone else to give to the defendant or respondent and copies of the papers are mailed.
Can someone else accept served papers in NY?
Or, anyone, like a friend, can serve the papers. But, the person serving the papers must be 18 years old or older. A party can go with the person serving the papers when they are served.
How many days before court is served in NY?
A summons with notice or a summons and complaint must be served and proof of service filed within 120 days of getting the Index Number.