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New York · Through 2026-09-11

N.Y. Real Property Actions & Proceedings Law § 735: Manner of service; filing; when service complete

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Where this section sits in the code
  1. Real Property Actions & Proceedings Law
  2. Article 7. Summary Proceeding to Recover Possession of Real Property

§ 735. Manner of service; filing; when service complete. 1. Service

of the notice of petition and petition shall be made by personally

delivering them to the respondent; or by delivering to and leaving

personally with a person of suitable age and discretion who resides or

is employed at the property sought to be recovered, a copy of the notice

of petition and petition, if upon reasonable application admittance can

be obtained and such person found who will receive it; or if admittance

cannot be obtained and such person found, by affixing a copy of the

notice and petition upon a conspicuous part of the property sought to be

recovered or placing a copy under the entrance door of such premises;

and in addition, within one day after such delivering to such suitable

person or such affixing or placement, by mailing to the respondent both

by registered or certified mail and by regular first class mail,

(a) if a natural person, as follows: at the property sought to be

recovered, and if such property is not the place of residence of such

person and if the petitioner shall have written information of the

residence address of such person, at the last residence address as to

which the petitioner has such information, or if the petitioner shall

have no such information, but shall have written information of the

place of business or employment of such person, to the last business or

employment address as to which the petitioner has such information; and

(b) if a corporation, joint-stock or other unincorporated association,

as follows: at the property sought to be recovered, and if the principal

office or principal place of business of such corporation, joint stock

or other unincorporated association is not located on the property

sought to be recovered, and if the petitioner shall have written

information of the principal office or principal place of business

within the state, at the last place as to which petitioner has such

information, or if the petitioner shall have no such information but

shall have written information of any office or place of business within

the state, to any such place as to which the petitioner has such

information. Allegations as to such information as may affect the

mailing address shall be set forth either in the petition, or in a

separate affidavit and filed as part of the proof of service.

2. The notice of petition, or order to show cause, and petition

together with proof of service thereof shall be filed with the court or

clerk thereof within three days after;

(a) personal delivery to respondent, when service has been made by

that means, and such service shall be complete immediately upon such

personal delivery; or

(b) mailing to respondent, when service is made by the alternatives

above provided, and such service shall be complete upon the filing of

proof of service.

Collected 2026-09-14T19:32:45Z. Source file · JSON

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