S T A T E O F N E W Y O R K
________________________________________________________________________
2349
1999-2000 Regular Sessions
I N S E N A T E
February 9, 1999
___________
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.
LBD01945-01-9
S. 2349 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 S 2. This act shall take effect on the thirtieth day after it shall
25 have become a law.
.SO DOC S 2349 *END* BTXT 1999
Bill S02349
[ Bill
Information ]