RETRIEVE BILL
STATE OF NEW YORK
________________________________________________________________________
3660
2003-2004 Regular Sessions
IN ASSEMBLY
February 10, 2003
___________
Introduced by M. of A. KAUFMAN, GREENE -- Multi-Sponsored by -- M. of A.
M. COHEN, COOK, GALEF, PAULIN, 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 doorperson 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 doorperson or conc-
15 ierge of a multiple dwelling which contains the actual dwelling place or
16 usual place of abode of the person to be served shall be deemed to
17 satisfy the requirements of paragraph a of this subdivision where: (i)
18 it can be demonstrated that the doorperson or concierge upon whom proc-
19 ess was served performs the normal and customary duties associated with
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06096-01-3
A. 3660 2
1 such employments; and (ii) access to the actual dwelling place or usual
2 place of abode of the person to be served was impeded or denied by such
3 doorperson or concierge; except when the owner, or any one of the
4 owners, of such multiple dwelling or the employer of such doorperson or
5 concierge is an adverse party to the party to be served in the instant
6 action or in any other action known to the party seeking to make such
7 service;
8 d. the delivery and mailing [to] made pursuant to this subdivision
9 must be effected within twenty days of each other; and
10 e. proof of [such] service made pursuant to this subdivision shall be
11 filed with the clerk of the court designated in the summons within twen-
12 ty days of either such delivery or such mailing, whichever is effected
13 later; and
14 f. proof of service made pursuant to this subdivision shall identify
15 such person of suitable age and discretion and shall state the date,
16 time, and place of service, except as otherwise required for or in a
17 matrimonial action where service is made under this subdivision in
18 accordance with an order granted pursuant to subdivision a of section
19 two hundred thirty-two of the domestic relations law directing the meth-
20 od of service to be made under this section, of the summons in such an
21 action; and
22 g. service made pursuant to this subdivision shall be complete ten
23 days after such filing[; proof of service shall identify such person of
24 suitable age and discretion and state the date, time and place of
25 service, except in matrimonial actions where service hereunder may be
26 made pursuant to an order made in accordance with the provisions of
27 subdivision a of section two hundred thirty-two of the domestic
28 relations law] of proof of service; or
29 § 2. This act shall take effect on the thirtieth day after it shall
30 have become a law.