Serving a New York Corporation: A Practical Recipient Check

When a lawsuit names a business, confirming the entity’s name is only the first step. The papers must also be delivered using a method the law authorizes for that kind of organization. New York law sets out separate service provisions for corporations and limited liability companies, so a process plan should begin by identifying the entity type.

Corporations: check the authorized recipient

CPLR 311(a)(1) provides for personal service on a domestic or foreign corporation by delivering the summons to specified recipients, including an officer, director, managing or general agent, cashier or assistant cashier, or another agent authorized by appointment or law to receive service. The statute separately describes service on the Secretary of State where authorized under the Business Corporation Law.

For the service record, capture the recipient’s name and position or role as stated, the location, date and time, and the delivery details. These operational notes help counsel assess the record and respond to questions about who received the papers. Avoid assuming that anyone present at a business location is an authorized corporate recipient.

LLCs have a separate statute

CPLR 311-a addresses personal service on a limited liability company. It includes delivery to a member or manager, and also provides for delivery to other persons identified in the statute when a member or manager cannot be found with due diligence. It separately references service on the Secretary of State under the Limited Liability Company Law.

Because the listed recipients and statutory language differ, do not use a corporation checklist automatically for an LLC. Confirm the entity’s legal form and follow the applicable statute and any case-specific court direction.

A useful assignment and quality-control workflow

Before dispatch, confirm the exact legal name and entity type from the papers or reliable entity records, identify the service address and any instructions from counsel, and flag any uncertainty about the recipient or authorized method. After the attempt, record facts contemporaneously and return the proof of service for attorney review. The affidavit should report what happened accurately; it should not make legal conclusions about whether service is valid.

These checks support a clear record and help the legal team evaluate next steps. The correct method can depend on the entity, governing statute, and circumstances of the case.

Sources

New York Civil Practice Law and Rules § 311, Personal service upon a corporation or governmental subdivision: https://www.nysenate.gov/legislation/laws/CVP/311

New York Civil Practice Law and Rules § 311-a, Personal service on limited liability companies: https://www.nysenate.gov/legislation/laws/CVP/311-A

This article is for general educational information only and is not legal advice or guidance for any particular case.