Service of Process

Email Service on Chinese Nationals Is Permissible Under Federal Rules When Physical Address Is Unknown After Reasonable Diligence

Posted: / By: Categories: Civil Procedure, Jurisdiction, Service of Process

Last year, we covered a decision in which the Southern District of New York permitted alternate service on defendants residing in China after plaintiffs were unable through the exercise of reasonable diligence to discover the defendants’ physical addresses.  (Analysis available HERE.) In Orient Plus International Ltd. v. Baosheng Media Group Holdings Ltd., 2024 WL 2317715 … Read more

Electronic Service on Defendants Governed by Hague Convention Permissible when Physical Addresses Are Not Reasonably Ascertainable

Posted: / By: , Categories: Civil Procedure, Service of Process

In The Kyjen Company, LLC v. The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A to the Complaint, 1:23-cv-00612-JHP (S.D.N.Y.), the Court permitted electronic service of process on certain foreign defendants, even though such service generally would have been prohibited under international law… Read more

Alternative Form of Service Using Cryptocurrency Approved by Commercial Division

Posted: / By: , Category: Service of Process

As a matter of first impression, the Commercial Division of the New York Supreme Court in LCX AG v. 1.274M U.S. Dollar Coin, 2022 WL 3585277 (N.Y. Sup. Ct. Aug. 21, 2022), authorized defendants to be served through an alternative form of service using cryptocurrency… Read more

No Basis for Alternative Service Without Attempting Personal Service First

Posted: / By: , Category: Service of Process

CPLR 308(5) provides that the Court may authorize an alternative form of service when the methods set forth in subsection (1), (2), and (4) are impracticable.  This requirement is illustrated in the recent decision of Suber v. Churchill Owners Corp., 2022 N.Y. Slip. Op. 32990(U) (N.Y. Sup. Ct. Sept. 7, 2022), where plaintiff filed a motion to serve certain defendants through email or social media.  The Court rejected the motion, concluding that plaintiff failed to provide any support that she engaged in prior attempts of personal service… Read more