Legal Question in Civil Litigation in New York

Re: Reply to Summons

The answer to your question regarding whether service upon your doorman constituted proper service is: it depends, but probably. In order to have service on a doorman, it is generally accepted that the process server must be denied access to your apartment by the doorman and/or the doorman's typical functions are to accept packages for you, etc. As one New York court stated:

"The Court of Appeals [NY's highest court] has observed that so long as the record does not reveal that the duties of the particular doorman in question varied from the usual duties of such an individual, i.e., 'to screen callers, to announce visitors and to accept messages and packages for delivery to the tenants,' then a doorman may qualify as 'a person of suitable age and discretion' at the intended party's place of residence such that a summons may be delivered to him for purposes of alternate service under CPLR 308(2) (F.I. duPont, Glore Forgan & Co. v. Chen, 41 N.Y.2d 794, 795, 797, 396 N.Y.S.2d 343, 364 N.E.2d 1115). On numerous occasions, in circumstances similar to those before us, where a process server has not been permitted access to the specified apartment or is advised that the intended party is not home, a doorman has been found to be such a person of suitable age and discretion within the contemplation of CPLR 308(2)."

Thus, while one cannot say with certainty that service on your doorman was proper, it is usually the job function of doorpersons to stop people from randomly roaming the halls and to accept packages, etc. If these are the functions of your doorman -- and, if the doorman performed these functions here -- then service was likely proper.

As to what to do now that you've been served, the summons should typically say the timetable to "answer" the complaint or to file a motion against it (such as a motion to dismiss). If the complaint had been served upon you personally, you would have 20 days to respond. If the service upon your doorman is deemed proper, you would have 30 days from the time that the plaintiff mails you a copy of the summons and complaint (if service occurs through someone like a doorman, the plaintiff must also mail a copy of the summons and complaint to the defendant).

In any event, you would rather be early in responding than late. If you need more time to respond, you may contact the plaintiff's attorney (if there is one) and seek additional time, which, if the attorney agrees, you should memorialize in writing.

Good luck, and if you have any other questions, please feel free to ask.

-- Kenneth J. Ashman; Ashman Law Offices, LLC; [email protected]

This response was for general informational purposes only. No attorney-client relationship has been established.

Re: Reply to Summons

I agree with what the other attorney advised. But please note that your question only referred to the summons. Did you also get a "complaint"? This makes a difference.

The main thing you should do is to retain an attorney immediately.