In a divorce action, Domestic Relations Law § 232 permits substituted service pursuant to CPLR 308 by court order upon a showing that personal delivery of the summons and complaint upon the defendant could not be effected despite efforts made with due diligence
Here, the plaintiff's affidavit of service shows that the defendant was served via email, rather than by personal delivery. The plaintiff failed to demonstrate that the defendant previously consented to such service. Thus, absent a court order authorizing service by email, the service was ineffective.
Rae v. Marciano, NY Slip Op 02337 (2d Dep't May 1, 2024)
