Legal Question in Civil Litigation in New York

affidavit of service

I filed a lawsuit in civil court in b'klyn, NY and the summons was served by a process server two weeks ago, I was unable to go down to the court to turn in the affidavit of service before, how time do I have left to turn it in


Asked on 2/12/09, 5:56 pm

4 Answers from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Re: affidavit of service

Unfortunately, Mr. Browde is very wrong. Filing the affidavit of service depends on how service was made.

Under CPLR 308(2), if service was made by delivery to a person of suitable age and discretion, "proof of such service [affidavit] shall be filed with the clerk of the court designated in the summons within twenty days of either such delivery or mailing, whichever is effected later...."

Under CPLR 302(4) where service is "nail and mail", "proof of such service shall be filed with the clerk of the court designated in the summons within twenty days of either such affixing or mailing, whichever is effected later...."

Mike.

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Answered on 2/13/09, 10:24 am
Jason Kessler Law Offices of Jason B. Kessler, P.C.

Re: affidavit of service

Is this a L and T case, general civil litigation, what kind of case is this? Negligence?

Please respond

Jason Kessler

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Answered on 2/12/09, 6:05 pm
Kristen Browde Browde Law, P.C.

Re: affidavit of service

30 days from date of service.

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Answered on 2/12/09, 6:51 pm
Kristen Browde Browde Law, P.C.

Re: affidavit of service

30 days from date of service.

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Answered on 2/12/09, 6:51 pm


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