Civil Practice Law and Rules § 314

Service Without the State – Exemptions from Personal Jurisdiction

Authorized Out-of-State Service in Specific Actions

In certain legal actions where personal jurisdiction may not be established within the state, New York law allows for service to be made without the state by individuals authorized under section 313. This provision ensures that critical legal proceedings can still be initiated and defendants can be properly notified, even if they are located outside the state’s borders. Various exemptions are outlined in which this out-of-state service is permitted, facilitating the efficient resolution of specific legal matters.

1. Matrimonial Actions:

In matrimonial actions, such as divorce proceedings, where personal jurisdiction within the state cannot be established, service may be conducted without the state. This provision recognizes the complexity of some matrimonial cases involving parties residing outside of New York and ensures that they can be effectively served, allowing the legal process to move forward.

2. Actions Affecting Real or Personal Property:

In cases where a judgment demands the exclusion of an individual from vested or contingent interests in specific real or personal property within the state, or seeks to enforce, regulate, define, limit, or otherwise affect the title to such property, out-of-state service is permissible. This applies to various property-related actions, including those of interpleader or defensive interpleader, enabling parties located elsewhere to be notified and have their interests properly addressed.

3. Actions Involving Property Levy or Seizure:

When a levy upon property belonging to the person to be served has been executed within the state pursuant to an order of attachment or when a chattel of such person has been seized in an action to recover a chattel, service can be made without the state. This provision ensures that defendants involved in actions related to property levies or seizures are duly notified, regardless of their location.

By allowing authorized individuals to serve summonses without the state in specific actions, New York’s legal system ensures that due process is maintained even when personal jurisdiction within the state cannot be established. These provisions help streamline legal proceedings and safeguard the rights of all parties involved, regardless of their geographical location.