N.Y. Multiple Dwelling Law § 326: Service of notices, orders and summonses

§ 326. Service of notices, orders and summonses. 1. Every notice,

order or summons relative to a dwelling shall be served five days before

the time for compliance therewith. The posting of a copy of such notice,

order or summons in a conspicuous place in such dwelling, together with

the mailing of a copy thereof, within five days of such posting, to each

person whose name has been filed with the department of health or the

department charged with the enforcement of this chapter, in accordance

with the provisions of section three hundred twenty-five, at his address

as therewith filed, shall be sufficient service thereof, except as

provided in subdivision three.

2. Except as provided by the provisions of this chapter which are less

restrictive than the provisions of this subdivision, if any notice,

order or summons is directed to any person pursuant to any provision of

this chapter, including the provisions of subdivision two of section

three hundred nine, and if the address of such person is not registered

or, in any case for which personal service is provided, if such person

cannot with due diligence be served personally, then such notice, order

or summons may be served by posting a copy thereof in a conspicuous

place upon the premises within which a violation is alleged to have been

placed or a condition complained of is alleged to exist, and by sending

a copy thereof by registered mail, return receipt requested, addressed

to such person at his last known address or place of residence.

3. In the case of a summons if the address of any agent or lessee

whose name and address have been filed in accordance with the provisions

of section three hundred twenty-five is in the city in which the

dwelling is situated, then a copy of the summons shall also be delivered

at such address to a person of lawful age, if upon reasonable

application admittance can be obtained and such person found; and

provided also that personal service of the summons upon the owner of

such dwelling shall be sufficient service thereof upon him.

4. Notwithstanding any inconsistency with this section, in a city,

having a population of one million or more, a local law may provide for

the manner of serving civil process for the enforcement of penalties,

sanctions and remedies provided in such local law.