Which descriptions correctly identify an acceptable servicer for serving an out-of-state party under NY rules?

• A. NY 18+ resident
• B. Authorized persons in service jurisdiction
• C. Attorney in service jurisdiction
• D. All of the above

Answer: (D)

The rule hinges on service being performed by someone authorized in the place where service occurs. New York recognizes that service on an out-of-state party is valid if it is done by a person who is authorized under the laws of the state where service takes place and who is not a party to the action, ensuring due process and adequate notice.

An adult resident of the place of service who is at least 18 and not a party is typically allowed to serve process, so a NY 18+ resident can be a valid person to effect service there. Similarly, any authorized person in the service jurisdiction—such as a process server or a local official authorized by that state’s rules—can perform service. An attorney licensed in the service jurisdiction may also serve process there, provided they comply with that jurisdiction’s rules for service.

Since each of these scenarios can satisfy the local requirements for valid service and preserve due process, all of the above describe acceptable servicers for serving an out-of-state party under NY rules.