New York Law (NYLE) Practice Exam

Which one of the following types of service is only available if service by personal delivery cannot be made with due diligence?

1. Deliver-and-mail service.

2. Affix-and-mail service.

3. Service on an individual's agent designated for service of process.

4. Service on the Secretary of State as a designated agent.

The correct answer is: Affix-and-mail service.

Affix-and-mail service is a method that comes into play specifically when personal delivery cannot be achieved despite due diligence efforts to effectuate such service. This type of service is utilized in cases where the individual to be served cannot be found, or has evaded service, despite the server's attempts. Under the relevant rules, affix-and-mail service involves the process server attaching the legal documents to the door or other conspicuous location at the individual’s dwelling or usual place of business and then mailing a copy of the documents to the individual's last known address. This procedure is employed as a secondary option, ensuring that individuals still receive notice of the legal proceedings against them when personal delivery is not feasible. The other service options listed do not have this specific restriction regarding personal delivery. While deliver-and-mail service is also designed to be used in certain situations, it does not require personal delivery attempts first. Similarly, service on an individual’s designated agent or the Secretary of State does not hinge on the inability to serve personally and can be utilized independently of personal delivery considerations. Thus, affix-and-mail service stands out as uniquely dependent on unsuccessful attempts at personal delivery.