STATE OF NEW YORK
       ________________________________________________________________________
 
                                         1466
 
                              2001-2002 Regular Sessions
 
                    IN SENATE
 
                                   January 23, 2001
                                      ___________
 
       Introduced  by  Sen. VELELLA -- read twice and ordered printed, and when
         printed to be committed 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
   19  performs  the  normal  and customary duties associated with such employ-
   20  ments; and (ii) access to the actual dwelling place or  usual  place  of
 
        EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03101-01-1

       S. 1466                             2
 
    1  abode  of  the person to be served was impeded or denied by such doorman
    2  or concierge;
    3    d.  the  delivery  and  mailing [to] made pursuant to this subdivision
    4  must be effected within twenty days of each other; and
    5    e. proof of [such] service made pursuant to this subdivision shall  be
    6  filed with the clerk of the court designated in the summons within twen-
    7  ty  days  of either such delivery or such mailing, whichever is effected
    8  later; and
    9    f.  proof of service made pursuant to this subdivision shall  identify
   10  such  person  of  suitable  age and discretion and shall state the date,
   11  time and place of service, except as otherwise  required  for  or  in  a
   12  matrimonial  action  where  service  is  made  under this subdivision in
   13  accordance with an order granted pursuant to subdivision  a  of  section
   14  two hundred thirty-two of the domestic relations law directing the meth-
   15  od  of  service to be made under this section, of the summons in such an
   16  action; and
   17    g. service made pursuant to this subdivision  shall  be  complete  ten
   18  days  after such filing[; proof of service shall identify such person of
   19  suitable age and discretion and  state  the  date,  time  and  place  of
   20  service,  except  in  matrimonial actions where service hereunder may be
   21  made pursuant to an order made in  accordance  with  the  provisions  of
   22  subdivision  a  of  section  two  hundred  thirty-two  of  the  domestic
   23  relations law] of proof of service; or
   24    § 2. This act shall take effect on the thirtieth day  after  it  shall
   25  have become a law.

 
BILL NUMBER: S1466
 
SPONSOR: VELELLA

 
TITLE:  AN ACT to amend the civil practice law and rules, in relation
to permitting 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
 
 
PURPOSE:  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 PROVISIONS:
 
Section 1. Amends Subdivision 2 of Section 308 of the Civil Practice Law
and Rules, as amended by Chapter 125 of the Laws of 1988.
 
Section 2.Effective date.
 
 
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 residents, thus precluding a server of a summons
from delivering the summons to the actual dwelling place of the person
to be served.
 
This new reality, 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 encompass 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.
 
 
LEGISLATIVE HISTORY:  S. 2349 (1999-2000)
 
 
FISCAL IMPLICATIONS:  None.
 
 
EFFECTIVE DATE:  This act shall take effect on the thirtieth day after
it shall have become law.