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New York service: 5 CPLR § 308 personal methods, nail-and-mail, corporate under § 311. UIDDA at CPLR § 3119. NYC server licensing. 120-day deadline.
New York's service of process framework is one of the most detailed in the country, with five distinct methods for serving an individual under CPLR § 308 and additional rules for corporations, LLCs, and partnerships. New York adopted UIDDA at CPLR § 3119 in 2011, which streamlined out-of-state subpoena practice. New York City also operates its own process-server licensing regime. This guide walks through each method and flags the rules that most often trip up out-of-state counsel.
This is practical guidance, not legal advice. New York service of process rules are found in New York Civil Practice Law and Rules §§ 306-b, 308, 311, 311-a, and 315, with UIDDA codified at CPLR § 3119 (effective January 1, 2011, L. 2010, ch. 573). Process servers in New York City are separately regulated by NYC Department of Consumer and Worker Protection (DCWP) under NY General Business Law § 89-cc et seq.. For service of process nationwide, Served 123 LLC handles New York and all 49 other states with qualified servers.
Under CPLR § 308, service on an individual in New York may be made by a person at least 18 years old who is not a party to the action. New York State does not license process servers, but New York City separately requires any person serving 5 or more papers in NYC within a calendar year to hold a license from the NYC Department of Consumer and Worker Protection (DCWP). The NYC license involves testing, GPS-tracking requirements, and detailed logbook rules. Confirm a server's NYC license before sending any NYC work.
CPLR § 308(1) — personal delivery — is the gold standard. The server hands the summons and complaint directly to the named defendant. If the defendant refuses, the server may leave the papers in the defendant's immediate presence after identifying them. CPLR § 308(5) further allows court-ordered alternative service when the other methods are impracticable. Personal delivery is immediately effective upon completion; no follow-up mailing is required.
CPLR § 308(2) authorizes the two-step "deliver and mail" method: delivery to a person of suitable age and discretion at the defendant's actual place of business, dwelling, or usual place of abode, followed by first-class mail to the defendant at the last known residence or actual business address within 20 days. Both steps must be completed and filed within 20 days after the later of them. CPLR § 308(4) is the "nail and mail" method (affix to door of dwelling plus mail) available only after due diligence in attempting § 308(1) or § 308(2).
Mail alone does not complete service under CPLR § 308. Mail is the second step of § 308(2) (after personal delivery at residence/business to a suitable age person) and § 308(4) (after affixing to the door). Mail service under CPLR § 312-a (service by mail with acknowledgment) is available for limited categories of cases and requires a signed Statement of Service by Mail and Acknowledgment of Receipt returned by the defendant. If the acknowledgment is not returned, the plaintiff must revert to § 308 methods.
Under CPLR § 311(a), a domestic or foreign corporation is served by delivering a copy of the summons and complaint to an officer, director, managing or general agent, cashier, assistant cashier, or any other agent authorized by appointment or by law to receive service. CPLR § 311(a)(1) also permits service on the Secretary of State under Business Corporation Law § 306. For LLCs, CPLR § 311-a governs. Registered agents are public record through the NY Department of State Division of Corporations at dos.ny.gov.
New York adopted UIDDA at CPLR § 3119, effective January 1, 2011. Out-of-state counsel tenders the foreign subpoena to the clerk of the New York Supreme Court in the county where discovery is sought; the clerk issues a conforming New York subpoena. Service is then made under CPLR § 308 (for individuals) or § 311 (for entities), and motions to quash or modify are heard in New York Supreme Court under New York procedure. The process is non-judicial at the threshold—no miscellaneous action or commission is required.
Service by publication under CPLR § 315 is available only on court order after a showing that service cannot be made with due diligence by one of the other methods. The order will specify the newspaper and the frequency of publication, typically once a week for four successive weeks in a designated newspaper of general circulation, together with mailing to the defendant's last known address. Publication is disfavored in New York—courts insist on a full due-diligence record before granting.
New York's CPLR § 3119 implementation of UIDDA is fully aligned with the uniform act and provides a reliable, non-judicial threshold for interstate subpoenas. The clerk of the Supreme Court issues the conforming New York subpoena on tender of the foreign subpoena; service is made under CPLR § 308 or § 311, and enforcement runs through the New York Supreme Court. The issuing state's rules govern the substantive scope of discovery, while New York procedure governs service, enforcement, privilege claims, and motions to quash.
Under CPLR § 306-b, service of the summons and complaint must be made within 120 days after the action is commenced (by filing). If service is not completed within 120 days, the court must dismiss the action without prejudice, or on good cause shown or in the interest of justice, extend the time for service. New York courts apply the 120-day rule rigorously, and extensions require real showings of diligence or equitable reasons. For UIDDA subpoenas, issuing-state deadlines set the effective window.
The affidavit of service must be filed with the court and must state the manner of service, the date and time, the location, the papers served, and specifics about the recipient. For § 308(2) delivery-and-mail, the affidavit must include details of the person who accepted delivery (apparent age, description, relationship, identity if known) and the subsequent first-class mailing. For § 308(4) nail-and-mail, the affidavit must detail the due-diligence attempts to effect § 308(1) or § 308(2). NYC-licensed servers must also maintain DCWP-required GPS and logbook records.
NY Department of State Division of Corporations at dos.ny.gov for registered agents and entity information; nycourts.gov for CPLR, forms, and Supreme Court directory; NYC DCWP at nyc.gov/dca for process-server licensing verification; and the Supreme Court clerk's office in each county for local filing procedures and calendar information.
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No. New York, like every other state, prohibits parties from serving their own process. The server must be an adult non-party or an authorized officer/licensed server per New York rules.
Under CPLR § 306-b, the summons and complaint must be served within 120 days after the action is commenced. If service is not completed within that window, the court must dismiss the action without prejudice, unless the plaintiff shows good cause for an extension or that the interest of justice supports one. New York courts enforce the deadline strictly, so move for extension before day 120 if service is proving difficult.
Mail alone does not accomplish service on an individual under CPLR § 308. Mail is the second step of the deliver-and-mail method (§ 308(2)) and the nail-and-mail method (§ 308(4)), and must be completed within 20 days. CPLR § 312-a (service by mail with acknowledgment) is a separate method available in limited cases and requires the defendant to sign and return an Acknowledgment of Receipt; if not returned, the plaintiff must use another § 308 method.
Serve an officer, director, managing or general agent, cashier, assistant cashier, or other authorized agent under CPLR § 311(a), or serve the Secretary of State under Business Corporation Law § 306. For LLCs, CPLR § 311-a governs. Registered agents are public record through the NY Department of State Division of Corporations at dos.ny.gov. Verify the agent on the day of service—registered-agent changes are common.
New York follows the majority refused-acceptance rule. The server may place the papers in the defendant's immediate presence after identifying the nature of the documents. Service is valid despite refusal.
New York adopted UIDDA at CPLR § 3119, effective January 1, 2011. Tender the foreign subpoena to the clerk of the Supreme Court in the New York county where discovery is sought; the clerk issues a conforming New York subpoena. Service is made under CPLR § 308 or § 311. Motions to quash are heard in Supreme Court under New York procedure. No miscellaneous action is required at the threshold, though New York counsel is routinely retained for enforcement.
Start with a skip trace, then move for service by publication on a court order supported by an affidavit documenting diligent inquiry. four successive weeks in a newspaper of general circulation in the county where the action is pending.
