Relevant Cases

• Spector v. Berman, 119 A.D.2d 565

Applies When

• A building is secured and has an intercom or "buzzer system".
• A home or apartment has a Video Doorbell (i.e. Ring Doorbell).

Summary

This case involved an action where a process server contacted a defendant using the intercom or “buzzer system” of his apartment building. The process server confirmed he was speaking with the defendant and advised he had legal documents for him. The defendant refused to come down and take the documents. The process server advised the defendant he was leaving the documents.

The Court held that this constituted valid personal delivery because the process server had a discussion with the defendant, advised him of the nature of the documents, and where he was leaving them.

This case has not been tested against Ring Doorbells or similar video doorbells. It would be the judgment of the process server, the agency, or the attorney to determine if this would be acceptable. It is Inspera's internal policy that video doorbells should be treated the same as intercoms or buzzer systems.