In an opinion yesterday, Judge Swain ruled that “leave and mail” service under the CPLR was inconsistent with due process when used on a nonresident, at least where the case arises outside New York.  The petitioner had sought to confirm an arbitration award against an Indian citizen who lives abroad but who apparently rents an apartment in the Time Warner Center in Manhattan.  While the respondent was in town, the petitioner left a copy at the Time Warner Center and mailed a second copy.  Judge Swain found that the respondent would have to be personally served while here to satisfy due process:
Continue Reading Judge Swain: CPLR “Leave and Mail” Service Insufficient for Nonresidents Where Claims Arise Outside New York