Section 308. Personal service upon a natural person  


Latest version.
  • Personal service upon
      a natural person shall be made by any of the following methods:
        1. by delivering the summons within the state  to  the  person  to  be
      served; or
        2.  by delivering the summons within the state to a person of suitable
      age and discretion at the actual place of business,  dwelling  place  or
      usual  place  of  abode of the person to be served and by either mailing
      the summons to the person  to  be  served  at  his  or  her  last  known
      residence or by mailing the summons by first class mail to the person to
      be  served at his or her actual place of business in an envelope bearing
      the legend "personal and confidential" and not indicating on the outside
      thereof, by return address or otherwise, that the communication is  from
      an  attorney or concerns an action against the person to be served, such
      delivery and mailing to be effected within twenty days  of  each  other;
      proof  of  such  service  shall  be  filed  with  the clerk of the court
      designated in the summons within twenty days of either such delivery  or
      mailing, whichever is effected later; service shall be complete ten days
      after  such  filing;  proof  of  service  shall  identify such person of
      suitable age and discretion and  state  the  date,  time  and  place  of
      service,  except  in  matrimonial actions where service hereunder may be
      made pursuant to an order made in  accordance  with  the  provisions  of
      subdivision  a  of  section  two  hundred  thirty-two  of  the  domestic
      relations law; or
        3. by delivering the summons within the state to the agent for service
      of the person to be served as  designated  under  rule  318,  except  in
      matrimonial  actions  where service hereunder may be made pursuant to an
      order made in accordance with the provisions of subdivision a of section
      two hundred thirty-two of the domestic relations law;
        4. where service under paragraphs one and two cannot be made with  due
      diligence,  by  affixing  the  summons  to the door of either the actual
      place of business, dwelling place or usual place  of  abode  within  the
      state  of  the  person to be served and by either mailing the summons to
      such person at his or her last known residence or by mailing the summons
      by first class mail to the person to be served  at  his  or  her  actual
      place  of  business  in  an  envelope  bearing  the legend "personal and
      confidential" and not indicating  on  the  outside  thereof,  by  return
      address  or  otherwise,  that  the  communication is from an attorney or
      concerns an action against the person to be served,  such  affixing  and
      mailing  to  be effected within twenty days of each other; proof of such
      service shall be filed with the clerk of the  court  designated  in  the
      summons within twenty days of either such affixing or mailing, whichever
      is effected later; service shall be complete ten days after such filing,
      except  in  matrimonial  actions  where  service  hereunder  may be made
      pursuant  to  an  order  made  in  accordance  with  the  provisions  of
      subdivision  a  of  section  two  hundred  thirty-two  of  the  domestic
      relations law;
        5. in such manner as the court, upon motion without  notice,  directs,
      if  service  is impracticable under paragraphs one, two and four of this
      section.
        6. For purposes of this section,  "actual  place  of  business"  shall
      include any location that the defendant, through regular solicitation or
      advertisement, has held out as its place of business.