Credit: Mariya Sorvacheva/Adobe Stock Service of Process by Email
Service of process by email under CPLR 308(5) may comport with the Due Process Clause if it provides notice reasonably calculated, under all the circumstances, to apprise the defendant of the pendency of the action and allow her to present her objections.
June 14, 2024 at 10:00 AM
15 minute read
In Rae v. Marciano (— N.Y.S.3d —-, 2024 WL 1895957, 2024 N.Y. Slip Op. 02337 (2d Dept., 2024)), the plaintiff commenced an action for a divorce and served the defendant with the summons and complaint by email. After the defendant rejected the papers, the plaintiff made an oral application for the Supreme Court to authorize service by email nunc pro tunc, claiming, without proof, that the defendant had previously agreed to it. The Supreme Court denied the application and dismissed the action for lack of personal jurisdiction.
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