2 New York Civil Practice: CPLR P 308.02

Summary

CPLR 313 provides that where the defendant is a domiciliary or is subject to the jurisdiction of the courts of the state pursuant to CPLR 301 or 302, the defendant may be served outside the state, in the same manner as service is made within the state.1 Thus, CPLR 308 provides the method for service upon a natural person outside the state, where such out-of-state service is authorized by CPLR 313 or 314. Other provisions of New York law which govern the method of service, for example, the prohibition of service of the summons on a Sunday,2 also apply to the service out of state, even where the other jurisdiction may permit such service.3