Unincorporated Businesses (CPLR 310)

• If a business being served has a single owner, is unincorporated (not an LLC or Corporation), and only has a DBA Certificate filed with the County Clerk, you serve them the same as an individual.
• If it is a partnership, a DBA with 2 or more owners, you may complete service by serving any one of the partners the same as you would any person.
• DBAs and partnerships are not separate legal entities from the person.
• You may serve a DBA or Partnership by personal delivery, suitable age service, or Nail & Mail in the same way you would any person.
• A “Limited Partnership” is a separate entity from the partners; however, you would still serve any of the partners the same as an individual.

Serving a Corporation (CPLR 311)

• A corporation is a separate entity from the individual(s) who own it. The corporation therefore cannot be served like a person.
• The easiest and most foolproof way to serve a corporation is through the Secretary of State. However, because this involves extra fees for the attorney ($40.00 Secretary of State Fee), they are increasingly asking process servers to serve the corporations directly. You cannot serve the Secretary of State if the corporation is inactive or if the case origin is outside New York State.
• You may serve the documents on any officer, director, managing or general agent, or cashier* of the corporation.
• You may also serve any person at the corporation who states they are authorized to accept service.
• You can drop serve an officer, director, managing or general agent, or cashier, if you know them to be such a person. However, you cannot drop serve a person that is not one of these people and states they are not allowed to accept service.
• You cannot nail & mail a corporation without a court order.
• If there is a Registered Agent designated for the corporation, you can and should serve the Registered Agent.

What is a "cashier"?

For the purposes of serving a corporation, a "cashier" means someone that is responsible for the financial management of the business, such as an accountant or bookkeeper. It does not mean a cashier in a grocery store.

Serving an LLC (CPLR 311-a)

• Like a corporation, an LLC (Limited Liability Company) is a separate entity from the individual(s) who own it.
• An LLC can also be served through the Secretary of State, however, for the same reasons previously noted, attorneys are increasingly asking process servers to complete the service. You cannot serve the Secretary of State if the LLC is inactive or if the case origin is outside New York State.
• Aside from the Secretary of State, you may also serve any person who is a member or manager of the LLC (depending on the structure of the LLC) in the same way you would serve that person if they were the defendant. See Serving a Person (CPLR 308).
• You may also serve any person at the LLC who states they are authorized to accept service.
• If there is a Registered Agent designated for the LLC, you can and should serve the Registered Agent.
• If you are unable to accomplish service by the above methods, the attorney can petition the court for an order for alternate service.