Did You Know……Religious Holidays and Days of Worship….

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4 thoughts on "Did You Know……Religious Holidays and Days of Worship…."

Dan says:

I realize this is an old post, but was just having this conversation with a client.
I agreed with them that service of anyone on Sunday is prohibited as well as Saturday for anyone who observes it as Sabbath. It may be in poor taste to serve on Friday night, but it’s not against any law that I’m aware of. The law also makes no room for serving after sundown on Saturday for someone who holds the days as Sabbath.
Likewise, if you have a “religious holiday” or “day of worship” that falls during the week (Christmas, Yom Kippur, etc.) there’s nothing on the books in New York that say you can’t be served on those days. My belief is that it’s poor discretion, but not unlawful. Are you aware of any documentation or caselaw that says otherwise? Thank you in advance.

I have been asked if we can serve religious Jewish people on holidays and the Sabbath.

The answer is a simple “no.” In fact, it is a misdemeanor. Precedent can be found in the case of Morton Hirsch v. Jeffrey Ben Zvi which was decided on March 17, 2000. You can find the entire case at http://caselaw.findlaw.com/ny-civil-court/1006647.html : “After considering all the testimony, the Court is persuaded that service on defendant, an observant Jew, was made on Saturday, September 25, 1999 during the Jewish Sabbath and the holiday of Succoth. Service is, therefore, not sustained. Accordingly, this proceeding is hereby dismissed.”

The New York law follows:

“N.Y. GBS. LAW § 13 : NY Code – Section 13: Maliciously serving process on Saturday on person who keeps Saturday as holy time

Search N.Y. GBS. LAW § 13 : NY Code – Section 13: Maliciously serving process on Saturday on person who keeps Saturday as holy time.”

Dan says:

Thank you for the follow-up. The issue in this case was that an observant Jew was served on the Sabbath. A traverse resulted and was sustained because it was determined that the server claimed service was completed Friday, but really did it on Saturday which is forbidden by NY GBS Law 13. That same law makes no mention of Holidays- religious or legal. In the instance of this case, yes it was a Holiday, but just happened to be on a Saturday.
Incidentally. the fact that the process server in this case is also an observant Jew means he knew what he was doing was wrong. The first word in the law is maliciously. Had he been a server ignorant of the Sabbath – it may have been suffered less, but that the server knew it (and then lied about the date to cover it up) all worked against him in this case.
This law still has nothing to do with holidays. Thank you.

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