2019 New York Laws
BSC - Business Corporation
Article 3 - Corporate Name and Service of Process
307 - Service of Process on Unauthorized Foreign Corporation.

§ 307. Service of process on unauthorized foreign corporation.
  (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  corporation  not
authorized   to  do  business  in  this  state  is  subject  to  a  like
jurisdiction. In any such case, process against such foreign corporation
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 him or his 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. Such service shall be sufficient if notice thereof
and a copy of the process are:
  (1)   Delivered   personally   without  this  state  to  such  foreign
corporation 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  corporation
by  registered  mail  with  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 incorporation, or if  no
such address is there specified, to its registered or other office there
specified,  or if no such office is there specified, to the last address
of such foreign corporation known to the plaintiff.
  (c) 1. 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.
  2.  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
corporation,  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  corporation  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 corporation 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 corporation refusing
to accept such registered mail shall be charged with  knowledge  of  the
contents thereof.
  (d) Service made as provided in this section shall have the same force
as personal service made within this state.
  (e) Nothing in this section shall affect the right to serve process in
any other manner permitted by law.