Relevant Cases

• Matter of Bonesteel, 16 A.D.2d 860

Applies When

• Documents are served enclosed inside an envelope.

Summary

The Court ruled that if the documents being served are visible to the defendant, the process server need not say anything to the defendant when serving the documents.

Enclosure of the documents in an envelope is ill-advised because it will complicate plaintiff’s burden of proving that the defendant was “apprised of the fact that service was intended to be made”. If process is contained in an envelope, the process server should announce that service being made, and that the envelope contains a summons.

Under this ruling, it is also important that the summons be the top document served, as it gives the important “call to action”, i.e., "you are hereby summoned".