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

§ 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 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 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 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.