Application for Order for Publication in New York

What Is an Application for Order for Publication?

Background

“The court, upon motion without notice, shall order service of a summons by publication in an action… if service cannot be made by another prescribed method with due diligence.” (Civ. Prac. Law & Rules, § 315.)

How to Structure the Motion

An order for service of a summons by publication shall direct that the summons be published in two newspapers together with

  1. the notice to the defendant;
  2. a brief statement of the nature of the action and the relief sought; and
  3. the sum of money for which judgment may be taken in case of default.

(Civ. Prac. Law & Rules, § 316(a).)

The newspapers must be “designated in the order most likely to give notice to the person to be served, for a specified time, at least once in each of four successive weeks.” (Civ. Prac. Law & Rules, § 316(a).)

The Court’s Decision

Due diligence is a higher standard than impracticable.” (Tremont Fed. S&L Ass’n v. Ndanusa, 144 A.D.2d 660, 661 [2nd Dept. 1988].) When focusing on the reasonableness of the efforts a plaintiff took to serve defendants, courts “may not ignore the fact that it was no lack of diligence on the plaintiff’s part but, rather, the conduct of the defendants themselves, their removal without informing anyone of their whereabouts, which prevented them from receiving more direct service of process.” (Dobkin v. Chapman, 21 N.Y.2d 490, 504 [1968].)

Timeline

“The first publication of the summons shall be made within thirty days after the order is granted. Service by publication is complete on the twenty-eighth day after the day of first publication.” (Civ. Prac. Law & Rules, § 316(c).)

Documents

1-10 of 5757 results

County

Bronx County, NY

Filed Date

Oct 17, 2022

County

Bronx County, NY

Filed Date

Oct 17, 2022

Judge Hon. Mary Ann Brigantti Trellis Spinner 👉 Discover key insights by exploring more analytics for Mary Ann Brigantti
County

Putnam County, NY

Filed Date

Oct 07, 2022

Judge Hon. Gina C Capone Trellis Spinner 👉 Discover key insights by exploring more analytics for Gina C Capone
County

New York County, NY

Filed Date

Oct 06, 2022

Judge Hon. Lyle E. Frank Trellis Spinner 👉 Discover key insights by exploring more analytics for Lyle E. Frank
County

Queens County, NY

Filed Date

Oct 06, 2022

County

Queens County, NY

Filed Date

Oct 06, 2022

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