Was I served correctly in New York?
New York's leave-and-mail under CPLR 308(2) is the most-used method when defendant isn't home. Both steps — leaving the papers AND mailing — must be completed for service to be valid. Mail service alone is NOT a valid method.
Service methods
Personal service
AllowedHand-delivered to the defendant. The default method under CPLR 308(1).
Substituted service
AllowedUnder CPLR 308(2): leave the summons with a person of suitable age and discretion at the defendant's actual dwelling or place of business, AND mail a copy to the same address within 20 days. Both steps are required for valid service.
Service by mail
Not allowedNew York does not allow mail service alone for initial process. Mail is part of the substituted-service mechanism (along with leave-and-mail) under CPLR 308(2) but is not a stand-alone method.
Service by publication
AllowedBy court order under CPLR 308(5) when other methods are 'impracticable.' Newspaper publication for four successive weeks.
Electronic service (email/text)
Not allowedEmail is not authorized for initial service in New York absent a specific court order under CPLR 308(5).
Who can serve?
Any person 18+ who is not a party. Process servers in NYC who serve five or more papers per year must be licensed under N.Y. Gen. Bus. Law § 89-cc.
Response deadlines
- If you live in-state
- 20 days
- If you live out-of-state
- 30 days
- Proof of service required?
- Yes (within 20 days)
Frequently asked
- Was the leave-and-mail service done correctly?
- Both elements are required: (1) papers left with someone of suitable age and discretion at your actual dwelling/business, and (2) a copy mailed to the same address within 20 days. If either step was missed, the service is defective.