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Tuesday, November 13, 2018
CAN YOU SERVE SUMMONS BY EMAIL?
255 HUGUENOT ST. CORP. v. RWECHUNGURA, 2018 NY Slip Op 51446 - NY: Appellate Term, 2nd Dept. October 11, 2018:
"It should be noted that landlord had the option to pursue an alternative method of service (see City of New York v Clark, 234 AD2d 120 [1996]; see also CPLR 308 [5]) and that "both New York courts and federal courts have, upon application by plaintiffs, authorized e-mail service of process as an appropriate alternative method when the statutory methods have proven ineffective" (Alfred E. Mann Living Trust v ETIRC Aviation S.A.R.L., 78 AD3d 137, 141-142 [2010]). Where the parties had been communicating via email between the United States and a foreign country, it has been held that it was proper to permit the use of email as an alternative method of service (see Safadjou v Mohammadi, 105 AD3d 1423, 1424 [2013] [involving CPLR 308 [5])."
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