N.Y. Domestic Relations Law § 232: Notice of nature of matrimonial action; proof of service

§ 232. Notice of nature of matrimonial action; proof of service. a. In

an action to annul a marriage or for divorce or for separation, if the

complaint is not personally served with the summons, the summons shall

have legibly written or printed upon the face thereof: "Action to annul

a marriage", "Action to declare the nullity of a void marriage", "Action

for a divorce", or "Action for a separation", as the case may be, and

shall specify the nature of any ancillary relief demanded. A judgment

shall not be rendered in favor of the plaintiff upon the defendant's

default in appearing or pleading, unless either (1) the summons and a

copy of the complaint were personally delivered to the defendant; or (2)

the copy of the summons (a) personally delivered to the defendant, or

(b) served on the defendant pursuant to an order directing the method of

service of the summons in accordance with the provisions of section

three hundred eight or three hundred fifteen of the civil practice law

and rules, shall contain such notice.

b. An affidavit or certificate proving service shall state

affirmatively in the body thereof that the required notice was written

or printed on the face of the copy of the summons delivered to the

defendant and what knowledge the affiant or officer who executed the

certificate had that he was the defendant named and how he acquired such

knowledge. The court may require the affiant or officer who executed the

affidavit or certificate to appear in court and be examined in respect

thereto.