2006 New York Code - Service Of Summons And Complaint On Non-residents

 
    § 74. Service  of  summons and complaint on non-residents. 1. The use,
  operation, navigation or  maintenance  by  a  non-resident,  or  in  his
  business,  of  a  vessel  in  waters  of  this  state;  or  owned  by  a
  non-resident and  used,  operated,  navigated  or  maintained  with  his
  permission  in  waters  of  this state, shall be deemed equivalent to an
  appointment by such non-resident of the secretary of  state  to  be  his
  true  and  lawful  attorney  upon  whom  may  be  served the summons and
  complaint in any action against him, growing  out  of  any  accident  or
  collision  in  which  such  non-resident  may  be  involved while using,
  operating, navigating or maintaining  such  vessel  in  waters  of  this
  state,  or  in  which  such  vessel  may  be  involved while being used,
  operated, navigated or maintained in such waters in the business of  the
  non-resident,  or  with  the  permission,  expressed or implied, of such
  non-resident, and such use, operation, navigation or  maintenance  shall
  be  deemed  a  signification  of his agreement that any such summons and
  complaint against him which is so served shall  be  of  the  same  legal
  force and validity as if served upon him personally within the state and
  the territorial jurisdiction of the court from which the summons issues,
  and that such appointment of the secretary of state shall be irrevocable
  and  binding upon his executor or administrator. Where such non-resident
  has died prior to the commencement of an action brought pursuant to this
  section, service of summons and complaint shall be made on the  executor
  or administrator of such non-resident in the same manner and on the same
  notice  as is provided in the case of the non-resident himself. Where an
  action has been duly commenced under  the  provisions  of  this  section
  against  a  non-resident  who  dies thereafter, the court must allow the
  action to be continued against his executor or administrator upon motion
  with such notice as the court deems proper.
    2. A summons and complaint in an action described in this section  may
  issue  in  any  court  in  the  state having jurisdiction of the subject
  matter and be served as hereinafter provided. Service  of  such  summons
  and  complaint  shall be made by mailing a copy thereof to the secretary
  of state at  his  office  in  the  city  of  Albany,  or  by  personally
  delivering  a  copy thereof to one of his regularly established offices,
  with a fee of five dollars, and such service shall be sufficient service
  upon such non-resident provided that notice of such service and  a  copy
  of  the  summons and complaint are forthwith sent by or on behalf of the
  plaintiff to the  defendant  by  registered  mail  with  return  receipt
  requested. The plaintiff shall file with the clerk of the court in which
  the  action  is  pending,  or with the judge or justice of such court in
  case there be no clerk, an affidavit of compliance herewith, a  copy  of
  the  summons and complaint, and either a return receipt purporting to be
  signed by the defendant or a person qualified to receive his  registered
  mail,  in  accordance  with  the  rules  and  customs of the post office
  department; or, if acceptance was refused by the defendant or his agent,
  the original envelope bearing a notation by the postal authorities  that
  receipt  was  refused, and an affidavit by or on behalf of the plaintiff
  that notice of such mailing  and  refusal  was  forthwith  sent  to  the
  defendant  by  ordinary  mail.  Where the summons is mailed to a foreign
  country, other official proof of the delivery of the mail may  be  filed
  in  case  the  post-office  department is unable to obtain such a return
  receipt. The foregoing papers shall be filed within  thirty  days  after
  the  return  receipt or other official proof of delivery or the original
  envelope bearing a notation of refusal, as the case may be, is  received
  by  the plaintiff. Service of process shall be complete when such papers
  are filed. The return receipt or other official proof of delivery  shall
  constitute  presumptive evidence that the summons mailed was received by
  the defendant or a person qualified to receive his registered mail;  and
  the  notation  of refusal shall constitute presumptive evidence that the
  refusal was by the defendant or his agent. Service of such summons  also
  may  be  made by mailing a copy thereof to the secretary of state at his
  office in the city of Albany, or by personally delivering a copy thereof
  to one of his regularly established offices, with a fee of five dollars,
  and  by  delivering a duplicate copy thereof, with the complaint annexed
  thereto, to the defendant personally without the state by a resident  or
  citizen   of  the  state  of  New  York  or  a  sheriff,  under-sheriff,
  deputy-sheriff or constable of the county or other political subdivision
  in which the personal service is made, or an officer authorized  by  the
  laws  of  this state, to take acknowledgments of deeds to be recorded in
  this state, or an attorney and/or counselor at law, solicitor,  advocate
  or  barrister  duly  qualified to practice in the state or country where
  such service is made, or by a United States  marshal  or  deputy  United
  States  marshal.  Proof  of  personal service without the state shall be
  filed with the clerk of the court in which the action is pending  within
  thirty  days  after  such service. Personal service without the state is
  complete when proof thereof is filed. The court in which the  action  is
  pending  may  order  such  extension  as  may be necessary to afford the
  defendant reasonable opportunity to defend the action.
    3. Service of summons on  residents  who  depart  from  state  and  on
  residents'  executors  or  administrators  who  are  nonresidents or who
  depart from state.  The  provisions  of  section  seventy-four  of  this
  chapter  shall  also  apply (a) to a resident who departs from the state
  subsequent to the accident or collision and remains absent therefrom for
  thirty days  continuously,  whether  such  absence  is  intended  to  be
  temporary  or  permanent,  and  to any executor or administrator of such
  resident, and (b) to an executor or administrator of a resident if  such
  executor  or  administrator is a nonresident or if, being a resident, he
  departs from the state and remains  absent  therefrom  for  thirty  days
  continuously,  whether  such  absence  is  intended  to  be temporary or
  permanent.
    4. As used in this section "vessel" means a vessel commonly known as a
  "houseboat" and every vessel or floating craft propelled in any  manner,
  except  a  vessel  having  a  valid marine document issued by the United
  States or a foreign government.