2021 New York Laws
RPA - Real Property Actions and Proceedings
Article 7 - Summary Proceeding to Recover Possession of Real Property
735 - Manner of Service; Filing; When Service Complete.

§  735.  Manner of service; filing; when service complete. 1.  Service
of the notice of petition and  petition  shall  be  made  by  personally
delivering  them  to  the  respondent;  or  by delivering to and leaving
personally with a person of suitable age and discretion who  resides  or
is employed at the property sought to be recovered, a copy of the notice
of  petition and petition, if upon reasonable application admittance can
be obtained and such person found who will receive it; or if  admittance
cannot  be  obtained  and  such  person found, by affixing a copy of the
notice and petition upon a conspicuous part of the property sought to be
recovered or placing a copy under the entrance door  of  such  premises;
and  in  addition, within one day after such delivering to such suitable
person or such affixing or placement, by mailing to the respondent  both
by registered or certified mail and by regular first class mail,

(a) if a natural person, as follows: at the property sought to be recovered, and if such property is not the place of residence of such person and if the petitioner shall have written information of the residence address of such person, at the last residence address as to which the petitioner has such information, or if the petitioner shall have no such information, but shall have written information of the place of business or employment of such person, to the last business or employment address as to which the petitioner has such information; and

(b) if a corporation, joint-stock or other unincorporated association, as follows: at the property sought to be recovered, and if the principal office or principal place of business of such corporation, joint stock or other unincorporated association is not located on the property sought to be recovered, and if the petitioner shall have written information of the principal office or principal place of business within the state, at the last place as to which petitioner has such information, or if the petitioner shall have no such information but shall have written information of any office or place of business within the state, to any such place as to which the petitioner has such information. Allegations as to such information as may affect the mailing address shall be set forth either in the petition, or in a separate affidavit and filed as part of the proof of service. 2. The notice of petition, or order to show cause, and petition together with proof of service thereof shall be filed with the court or clerk thereof within three days after;

(a) personal delivery to respondent, when service has been made by that means, and such service shall be complete immediately upon such personal delivery; or

(b) mailing to respondent, when service is made by the alternatives above provided, and such service shall be complete upon the filing of proof of service.

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