Legal Question in Real Estate Law in New York

Service of proccess

I am suing someone for specific performance of a real estate contract that they, the seller, breached. I am representing myself and want to know if ''I'' can serve the Summons, Complaint and Notice of Pendency on my own behalf.


Asked on 1/06/03, 1:29 pm

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

Re: Service of proccess

No. The summons may be served by any person 18 or over and not a party. NY CPLR 2103(a).

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Answered on 1/06/03, 1:43 pm
Michael Paradise Law Offices of Michael S. Paradise

Re: Service of proccess

Below is an excerpt from CPLR Rule 2103. Service of papers. (a) Who can serve. Except where other-wise prescribed by law or order of court, papers may be served by any

person not a party of the age of eighteen years or over.

Michael Paradise

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Answered on 1/06/03, 1:51 pm
Walter LeVine Walter D. LeVine, Esq.

Re: Service of proccess

Generally, you can serve the papers yourself, if you are over 18. It might be better to use an outside process server to serve the defendant so if there are any questions raised about proper service, you have someone independent to verify that service was proper. This usually runs about6 $50.

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Answered on 1/06/03, 4:12 pm


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