A232   Kaufman (MS)   Same as S 1466  VELELLA  
Civil Practice Law and Rules
TITLE....Permits service of process on the doorman or concierge of a multiple dwelling to satisfy delivery requirement for delivery and mail service
 

KAUFMAN, GREENE; M-S: M. Cohen, Cook, Galef, Matusow, Paulin, Robach, Seddio, Sidikman
Amd S308, CPLR
Permits service of process on the doorman or concierge of a multiple dwelling subject to certain conditions to satisfy delivery requirement for delivery and mail service under CPLR 308(2); makes provisions regarding what constitutes proof of service.

 
                STATE OF NEW YORK
       ________________________________________________________________________
 
                                          232
 
                              2001-2002 Regular Sessions
 
                   IN ASSEMBLY
 
                                      (Prefiled)
 
                                    January 3, 2001
                                      ___________
 
       Introduced by M. of A. KAUFMAN, GREENE -- Multi-Sponsored by -- M. of A.
         COOK,  GALEF,  MATUSOW,  ROBACH,  SEDDIO,  SIDIKMAN  --  read once and
         referred to the Committee on Codes
 
       AN ACT to amend the civil practice law and rules, in relation to permit-
         ting service on a doorman or  concierge  of  a  multiple  dwelling  to
         satisfy  the  delivering to a person of suitable age and discretion at
         the actual dwelling place or usual place of abode of the person to  be
         served  requirement of delivery and mail personal service on a natural
         person under subdivision 2 of section 308 of the  civil  practice  law
         and rules
 
         The  People of the State of New York, represented in Senate and Assem-
       bly, do enact as follows:
 
    1    Section 1. Subdivision 2 of section 308 of the civil practice law  and
    2  rules, as amended by chapter 125 of the laws of 1988, is amended to read
    3  as follows:
    4    2.  a. by delivering the summons within the state to a person of suit-
    5  able age and discretion at the actual place of business, dwelling  place
    6  or usual place of abode of the person to be served, and
    7    b. (i) by either mailing the summons to the person to be served at his
    8  or  her  last  known  residence, or (ii) by mailing the summons by first
    9  class mail to the person to be served at his  or  her  actual  place  of
   10  business  in  an envelope bearing the legend "personal and confidential"
   11  and not indicating on the outside thereof, by return address  or  other-
   12  wise,  that  the communication is from an attorney or concerns an action
   13  against the person to be served[, such];
   14    c.  delivering the summons within the state to a doorman or  concierge
   15  of a multiple dwelling which contains the actual dwelling place or usual
   16  place of abode of the person to be served shall be deemed to satisfy the
   17  requirements  of  paragraph  a  of this subdivision where: (i) it can be
   18  demonstrated that the doorman or concierge upon whom process was  served
 
        EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03101-01-1

       A. 232                              2
 
    1  performs  the  normal  and customary duties associated with such employ-
    2  ments; and (ii) access to the actual dwelling place or  usual  place  of
    3  abode  of  the person to be served was impeded or denied by such doorman
    4  or concierge;
    5    d.  the  delivery  and  mailing [to] made pursuant to this subdivision
    6  must be effected within twenty days of each other; and
    7    e. proof of [such] service made pursuant to this subdivision shall  be
    8  filed with the clerk of the court designated in the summons within twen-
    9  ty  days  of either such delivery or such mailing, whichever is effected
   10  later; and
   11    f.  proof of service made pursuant to this subdivision shall  identify
   12  such  person  of  suitable  age and discretion and shall state the date,
   13  time and place of service, except as otherwise  required  for  or  in  a
   14  matrimonial  action  where  service  is  made  under this subdivision in
   15  accordance with an order granted pursuant to subdivision  a  of  section
   16  two hundred thirty-two of the domestic relations law directing the meth-
   17  od  of  service to be made under this section, of the summons in such an
   18  action; and
   19    g. service made pursuant to this subdivision  shall  be  complete  ten
   20  days  after such filing[; proof of service shall identify such person of
   21  suitable age and discretion and  state  the  date,  time  and  place  of
   22  service,  except  in  matrimonial actions where service hereunder may be
   23  made pursuant to an order made in  accordance  with  the  provisions  of
   24  subdivision  a  of  section  two  hundred  thirty-two  of  the  domestic
   25  relations law] of proof of service; or
   26    § 2. This act shall take effect on the thirtieth day  after  it  shall
   27  have become a law.

 
BILL NUMBER: A232
 
SPONSOR: Kaufman (MS)

 
TITLE OF BILL:
 
An act to amend the civil practice law and rules, in relation to permit-
ting service on a doorman or concierge of a multiple dwelling to satisfy
the delivering to a person of suitable age and discretion at the actual
dwelling place or usual place of abode of the person to be serviced
requirement of delivery and mail personal service on a natural person
under subdivision 2 of section 308 of the civil practice law and rules
 
 
PURPOSE OR GENERAL IDEAL OF BILL:
 
To permit delivering a summons to a doorman or concierge of a multiple
dwelling which contains the actual residence of the person to be served
to satisfy the requirements of delivering a summons to the actual place
of business or residence of the person served.
 
 
SUMMARY OF SPECIFIC PROVISIONS:
 
Amends Subdivision 2 of section 308 of the civil practice law and rules,
as amended by chapter 125 of the laws of 1988.
 
 
JUSTIFICATION:
 
With more and more people living in secure apartment buildings, condos
and co-ops, the role of the doorman has become increasingly responsible.
In addition to the traditional function of screening callers and
announcing visitors, today's doorman or concierge may also be expected
to accept messages and packages and to deliver them to the appropriate
tenants. Frequently, the doorman has specific instructions to deny entry
to all but residents or those people whose entry is approved by resi-
dents, thus precluding a server of a summons from delivering the summons
to the actual dwelling place of the person to be served.  This new real-
ity, combined with the avowed purpose of CPLR 308 to give actual notice
to the defendant in a law suit, mandates the propriety of serving a
doorman in order to effect personal service upon an apartment dweller.
In these days of security cooperative and condominium complexes it is
necessary to expand the outer limits of these dwelling places to encom-
pass the security guard at the entrance of the dwellings of intended
recipients of process.
 
Subdivision 2(b) remains in effect which mandates that in addition to
personal delivery, delivery of the summons also be made by mail.
 
 
PRIOR LEGISLATIVE HISTORY:
 
1994: A. 4479 - Held in Codes 1996: A. 3745a/S.2364a - Passed Assembly
1998: A.612 - Referred to Codes 1999/2000: A.24/S.2349 - Referred to
Codes
 
 
FISCAL IMPLICATIONS:
 
None
 
 
EFFECTIVE DATE:
 
 
This act shall take effect on the thirtieth day after it shall have
become law.