2006 New York Code - Service Of Process On Unauthorized Foreign Limited Liability Companies.

 
    §  304.  Service  of process on unauthorized foreign limited liability
  companies. (a) In any case in which a non-domiciliary would  be  subject
  to  the personal or other jurisdiction of the courts of this state under
  article three of the civil practice law and  rules,  a  foreign  limited
  liability company not authorized to do business in this state is subject
  to  a like jurisdiction.  In any such case, process against such foreign
  limited liability company may be served upon the secretary of  state  as
  its  agent.    Such  process may issue in any court in this state having
  jurisdiction of the subject matter.
    (b) Service of such process upon the secretary of state shall be  made
  by  personally  delivering to and leaving with the secretary of state or
  his or her deputy, or with any person authorized  by  the  secretary  of
  state  to receive such service, at the office of the department of state
  in the city of  Albany,  a  copy  of  such  process  together  with  the
  statutory fee, which fee shall be a taxable disbursement.
    (c)  Such  service shall be sufficient if notice thereof and a copy of
  the process are:
    (1) delivered personally outside this state to  such  foreign  limited
  liability  company  by  a  person  and in the manner authorized to serve
  process by law of the jurisdiction in which service is made; or
    (2) sent by or on behalf of the  plaintiff  to  such  foreign  limited
  liability  company  by registered mail, return receipt requested, at the
  post office address specified for the purpose  of  mailing  process,  on
  file in the department of state, or with any official or body performing
  the  equivalent function, in the jurisdiction of its formation, or if no
  such address is specified, to its registered or other office  specified,
  or  if  no such office is specified, to the last address of such foreign
  limited liability company known to the plaintiff.
    (d) Where service of a  copy  of  process  was  effected  by  personal
  service,  proof of service shall be by affidavit of compliance with this
  section filed, together with the process, within thirty days after  such
  service,  with  the  clerk  of  the court in which the action or special
  proceeding is pending. Service of process shall  be  complete  ten  days
  after such papers are filed with the clerk of the court.
    (e)  Where  service  of  a  copy of process was effected by mailing in
  accordance with this section, proof of service shall be by affidavit  of
  compliance  with  this  section filed, together with the process, within
  thirty days after receipt of the return receipt signed  by  the  foreign
  limited  liability company or other official proof of delivery or of the
  original envelope mailed.   If a  copy  of  the  process  is  mailed  in
  accordance with this section, there shall be filed with the affidavit of
  compliance  either  the  return  receipt  signed by such foreign limited
  liability company or other official proof of delivery or, if  acceptance
  was  refused  by it, the original envelope with a notation by the postal
  authorities that acceptance was refused. If acceptance  was  refused,  a
  copy  of  the  notice and process together with notice of the mailing by
  registered mail and refusal to accept shall be  promptly  sent  to  such
  foreign  limited  liability company at the same address by ordinary mail
  and the affidavit of compliance shall so state. Service of process shall
  be complete ten days after such papers are filed with the clerk  of  the
  court.  The refusal to accept delivery of the registered mail or to sign
  the return receipt shall not affect the validity of the service and such
  foreign  limited  liability  company  refusing to accept such registered
  mail shall be charged with knowledge of the contents thereof.
    (f) Service made as provided in this section shall have the same force
  as personal service made within this state.
    (g) Nothing in this section shall limit or affect the right  to  serve
  any  process  required  or  permitted by law to be served upon a foreign
  limited liability company in any other manner now or hereafter permitted
  by law or applicable rules of procedure.