South Brooklyn Ry. Co. v. Heung Man Lau, 2024 NY Slip Op 24139 (2024)

Citation: South Brooklyn Ry. Co. v. Heung Man Lau, 2024 NY Slip Op 24139 (2024)
Parent Document: South Brooklyn Ry. Co. v. Heung Man Lau, 2024 NY Slip Op 24139 (2024)
Jurisdiction: New York (state)
Effective Date: 2024-05-07
Original Source: https://www.courtlistener.com/opinion/9500911/south-brooklyn-ry-co-v-heung-man-lau/ ↗

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The method of service for a notice of petition and petition is prescribed in RPAPL 735 and the acceptable methods of service include personal service, substitute service, and conspicuous placement. In contrast to the amount of notice given, our courts have permitted parties to vary the method of service in certain circumstances (see e.g. Matter of New Brunswick Theol. Seminary v Van Dyke, 184 AD3d 176, 179 [2d Dept 2020], citing Pohlers v Exeter Mfg. Co., 293 NY 274, 279 [1944] ["Ordinarily a court can acquire jurisdiction of the person of a defendant only by service of process within the jurisdiction of the court; but that rule does not [*4]apply where the defendant has agreed in advance to accept, or does in fact accept, some other form of service as sufficient." (internal quotation marks and citations omitted)]; Alexander Muss & Sons, 170 Misc 2d at 892 citing Four Star Holding Co. v Alex Furs, Inc., 153 Misc 2d 447 [App Term, 1st Dept, 1st Jud Dist 1992] [In declining to enforce a lease provision altering service for predicate notices because it was not sufficiently specific enough to waive RPAPL 711, the Court held, "commercial entities represented by counsel are free to adopt notice requirements at variance with RPAPL 711, their intent to do so should be expressly stated in the lease"]). Consistent with the Court of Appeal's long-held view that jurisdictional rules for summary proceedings should not "hypercritically" restrict efficient resolution of property disputes (see Reich v Cochran, 201 NY 450, 455 [1911]), it is this Court's opinion that the method of service may vary from RPAPL 735, provided that the parties explicitly waive service required for summary proceedings by prior written agreement [FN8]
and only when the parties are represented by counsel.

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