What service method involves serving at a defendant’s dwelling or business when personal service cannot be accomplished?

Study for the New York State Court Assistant Legal Terminology Test. Utilize flashcards and multiple-choice questions, each complete with hints and explanations. Get ready for your exam!

Multiple Choice

What service method involves serving at a defendant’s dwelling or business when personal service cannot be accomplished?

Explanation:
Substituted service is the method used when you can’t personally hand papers to the defendant. Under NY law, you may serve by leaving a copy at the defendant’s dwelling or at the defendant’s place of business with a person of suitable age who resides there or is in charge, and then mailing a copy to the defendant’s last known address. This provides notice in situations where direct personal service isn’t possible, such as when the defendant is away or avoiding service. Personal service is the direct hand-to-hand delivery of documents to the defendant. An affidavit of service is the sworn written statement confirming that service occurred, not a method of serving. A third-party complaint is the plaintiff’s complaint filed with the court, not a service method.

Substituted service is the method used when you can’t personally hand papers to the defendant. Under NY law, you may serve by leaving a copy at the defendant’s dwelling or at the defendant’s place of business with a person of suitable age who resides there or is in charge, and then mailing a copy to the defendant’s last known address. This provides notice in situations where direct personal service isn’t possible, such as when the defendant is away or avoiding service.

Personal service is the direct hand-to-hand delivery of documents to the defendant. An affidavit of service is the sworn written statement confirming that service occurred, not a method of serving. A third-party complaint is the plaintiff’s complaint filed with the court, not a service method.

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