Relevant Cases

• McDonald v. Ames Supply Co., 22 N.Y.2d 111
• Bossuk v. Steinberg, 58 N.Y.2d 916

Applies When

• A person refuses to accept the documents being served.
• A person refuses to open their door to accept the documents being served.

Summary

The McDonald decision stated that the delivery of a summons may be accomplished by leaving it in the “general vicinity” of a person to be served who “resists” services.

The Bossuk decision extends McDonald by stating if a person to be served or a person of suitable age and discretion refuses to open the door to accept service, the process server may leave the documents outside the door, provided that the process server makes the person aware that they are doing so.

It is important to remember that a drop service is exactly that: dropping the service. DO NOT tape or otherwise affix the documents as this will constitute completing a Nail & Mail service.

You do not need to physically make contact with a person to complete drop service.

The service would then be completed as either Personal Delivery or Suitable Age and Discretion service.