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Service Under
RPAPL sec. 735 735. 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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