Service of process upon a natural person must be made in strict compliance with statutory methods of service pursuant to CPLR 308. The failure to serve process leaves the court without personal jurisdiction over the defendant, and all subsequent proceedings are thereby rendered null and void. The burden of proving that personal jurisdiction has been acquired over a defendant is on the plaintiff.
CPLR 308 requires that service be attempted by personal delivery of the summons to the person to be served, or by delivery to a person of suitable age and discretion at the actual place of business, dwelling place, or usual place of abode. Service pursuant to CPLR 308(4) may be used only where service under CPLR 308(1) or (2) cannot be made with due diligence. The due diligence requirement of CPLR 308(4) must be strictly observed, given the reduced likelihood that a summons served pursuant to that section will be received. The due diligence requirement may be met with a few visits on different occasions and at different times to the defendant's residence or place of business when the defendant could reasonably be expected to be found at such location at those times. In addition, it must be shown that the process server made genuine inquiries about the defendant's whereabouts and place of employment.
Bank of N.Y. Mellon v. Simpson, NY Slip Op 04970 (2d Dep't September 17, 2025)
