N.Y. Vehicle & Traffic Law § 253: Service of summons on non-residents

§ 253. Service of summons on non-residents. 1. The use or operation by

a non-resident of a vehicle in this state, or the use or operation in

this state of a vehicle in the business of a non-resident, or the use or

operation in this state of a vehicle owned by a non-resident if so used

or operated with his permission, express or implied, shall be deemed

equivalent to an appointment by such non-resident of the secretary of

state to be his true and lawful attorney upon whom may be served the

summons in any action against him, growing out of any accident or

collision in which such non-resident may be involved while using or

operating such vehicle in this state or in which such vehicle may be

involved while being used or operated in this state in the business of

such non-resident or with the permission, express or implied, of such

non-resident owner; and such use or operation shall be deemed a

signification of his agreement that any such summons against him which

is so served shall be of the same legal force and validity as if served

on him personally within the state and within the territorial

jurisdiction of the court from which the summons issues, and that such

appointment of the secretary of state shall be irrevocable and binding

upon his executor or administrator. Where such non-resident has died

prior to the commencement of an action brought pursuant to this section,

service of process shall be made on the executor or administrator of

such non-resident in the same manner and on the same notice as is

provided in the case of the non-resident himself. Where an action has

been duly commenced under the provisions of this section against a

non-resident who dies thereafter, the court must allow the action to be

continued against his executor or administrator upon motion with such

notice as the court deems proper.

2. A summons in an action described in this section may issue in any

court in the state having jurisdiction of the subject matter and be

served as hereinafter provided. Service of such summons shall be made by

mailing a copy thereof to the secretary of state at his office in the

city of Albany, or by personally delivering a copy thereof to one of his

regularly established offices, with a fee of ten dollars, and such

service shall be sufficient service upon such non-resident provided that

notice of such service and a copy of the summons and complaint are

forthwith sent by or on behalf of the plaintiff to the defendant by

certified mail or registered mail with return receipt requested. The

plaintiff shall file with the clerk of the court in which the action is

pending, or with the judge or justice of such court in case there be no

clerk, an affidavit of compliance herewith, a copy of the summons and

complaint, and either a return receipt purporting to be signed by the

defendant or a person qualified to receive his certified mail or

registered mail, in accordance with the rules and customs of the

post-office department; or, if acceptance was refused by the defendant

or his agent, the original envelope bearing a notation by the postal

authorities that receipt was refused, and an affidavit by or on behalf

of the plaintiff that notice of such mailing and refusal was forthwith

sent to the defendant by ordinary mail; or, if the registered or

certified letter was returned to the post office unclaimed, the original

envelope bearing a notation by the postal authorities of such mailing

and return, an affidavit by or on behalf of the plaintiff that the

summons was posted again by ordinary mail and proof of mailing

certificate of ordinary mail. Where the summons is mailed to a foreign

country, other official proof of the delivery of the mail may be filed

in case the post-office department is unable to obtain such a return

receipt. The foregoing papers shall be filed within thirty days after

the return receipt or other official proof of delivery or the original

envelope bearing a notation of refusal, as the case may be, is received

by the plaintiff. Service of process shall be complete when such papers

are filed. The return receipt or other official proof of delivery shall

constitute presumptive evidence that the summons mailed was received by

the defendant or a person qualified to receive his certified mail or

registered mail; and the notation of refusal shall constitute

presumptive evidence that the refusal was by the defendant or his agent.

Service of such summons also may be made by mailing a copy thereof to

the secretary of state at his office in the city of Albany, or by

personally delivering a copy thereof to one of his regularly established

offices, with a fee of ten dollars, and by delivering a duplicate copy

thereof with the complaint annexed thereto, to the defendant personally

without the state by a resident or citizen of the state of New York or a

sheriff, under-sheriff, deputy-sheriff or constable of the county or

other political subdivision in which the personal service is made, or an

officer authorized by the laws of this state, to take acknowledgements

of deeds to be recorded in this state, or an attorney and/or counselor

at law, solicitor, advocate or barrister duly qualified to practice in

the state or country where such service is made, or by a United States

marshall or deputy United States marshall. Proof of personal service

without the state shall be filed with the clerk of the court in which

the action is pending within thirty days after such service. Personal

service without the state is complete when proof thereof is filed. The

court in which the action is pending may order such extensions as may be

necessary to afford the defendant reasonable opportunity to defend the

action.

3. As used in this section, the term "vehicle" means a "motor

vehicle," "motorcycle," "semitrailer," and "trailer" as defined in

sections one hundred twenty-five, one hundred twenty-three, one hundred

forty-three and one hundred fifty-six, respectively, of this chapter,

whether or not such vehicles are used or operated upon a public highway.