Why service matters
A New York court cannot exercise jurisdiction over a defendant who has not been properly served. Defective service can get a case dismissed or a default judgment vacated, so getting it right the first time protects your matter.
The three methods under CPLR 308
New York recognizes several methods of personal service on a natural person.
Personal delivery (CPLR 308[1])
Handing the papers directly to the person being served - the strongest form of service.
Substituted / 'leave-and-mail' (CPLR 308[2])
Delivery to a person of suitable age and discretion at the defendant's home or business, followed by a mailing.
Conspicuous / 'nail-and-mail' (CPLR 308[4])
Affixing the papers to the door after due diligence, followed by a mailing - used when personal and substituted service can't be made.
Proof of service
After service, the process server signs a notarized affidavit of service describing each attempt. In New York City, licensed servers must also keep a GPS-verified logbook. The affidavit is filed with the court.