NY Nav L § 74 (2021)
2021 New York Laws NAV - Navigation Article 4 - Vessels Part 4 - Non-Resident Owners and Operators 74 - Service of Summons and Complaint on Non-Residents.

§ 74. Service  of  summons and complaint on non-residents. 1. The use,   operation, navigation or  maintenance  by  a  non-resident,  or  in  his   business,  of  a  vessel  in  waters  of  this  state;  or  owned  by  a   non-resident and  used,  operated,  navigated  or  maintained  with  his   permission  in  waters  of  this state, shall be deemed equivalent to an   appointment by such non-resident of the secretary of  state  to  be  his   true  and  lawful  attorney  upon  whom  may  be  served the summons and   complaint in any action against him, growing  out  of  any  accident  or   collision  in  which  such  non-resident  may  be  involved while using,   operating, navigating or maintaining  such  vessel  in  waters  of  this   state,  or  in  which  such  vessel  may  be  involved while being used,   operated, navigated or maintained in such waters in the business of  the   non-resident,  or  with  the  permission,  expressed or implied, of such   non-resident, and such use, operation, navigation or  maintenance  shall   be  deemed  a  signification  of his agreement that any such summons and   complaint against him which is so served shall  be  of  the  same  legal   force and validity as if served upon him personally within the state and   the territorial jurisdiction of the court from which the summons issues,   and that such appointment of the secretary of state shall be irrevocable   and  binding upon his executor or administrator. Where such non-resident   has died prior to the commencement of an action brought pursuant to this   section, service of summons and complaint shall be made on the  executor   or administrator of such non-resident in the same manner and on the same   notice  as is provided in the case of the non-resident himself. Where an   action has been duly commenced under  the  provisions  of  this  section   against  a  non-resident  who  dies thereafter, the court must allow the   action to be continued against his executor or administrator upon motion   with such notice as the court deems proper.2. A summons and complaint in an action described in this section  may   issue  in  any  court  in  the  state having jurisdiction of the subject   matter and be served as hereinafter provided. Service  of  such  summons   and  complaint  shall be made by mailing a copy thereof to the secretary   of state at  his  office  in  the  city  of  Albany,  or  by  personally   delivering  a  copy thereof to one of his regularly established offices,   with a fee of five dollars, and such service shall be sufficient service   upon such non-resident provided that notice of such service and  a  copy   of  the  summons and complaint are forthwith sent by or on behalf of the   plaintiff to the  defendant  by  registered  mail  with  return  receipt   requested. The plaintiff shall file with the clerk of the court in which   the  action  is  pending,  or with the judge or justice of such court in   case there be no clerk, an affidavit of compliance herewith, a  copy  of   the  summons and complaint, and either a return receipt purporting to be   signed by the defendant or a person qualified to receive his  registered   mail,  in  accordance  with  the  rules  and  customs of the post office   department; or, if acceptance was refused by the defendant or his agent,   the original envelope bearing a notation by the postal authorities  that   receipt  was  refused, and an affidavit by or on behalf of the plaintiff   that notice of such mailing  and  refusal  was  forthwith  sent  to  the   defendant  by  ordinary  mail.  Where the summons is mailed to a foreign   country, other official proof of the delivery of the mail may  be  filed   in  case  the  post-office  department is unable to obtain such a return   receipt. The foregoing papers shall be filed within  thirty  days  after   the  return  receipt or other official proof of delivery or the original   envelope bearing a notation of refusal, as the case may be, is  received   by  the plaintiff. Service of process shall be complete when such papers   are filed. The return receipt or other official proof of delivery  shall   constitute  presumptive evidence that the summons mailed was received by   the defendant or a person qualified to receive his registered mail;  and    the  notation  of refusal shall constitute presumptive evidence that the   refusal was by the defendant or his agent. Service of such summons  also   may  be  made by mailing a copy thereof to the secretary of state at his   office in the city of Albany, or by personally delivering a copy thereof   to one of his regularly established offices, with a fee of five dollars,   and  by  delivering a duplicate copy thereof, with the complaint annexed   thereto, to the defendant personally without the state by a resident  or   citizen   of  the  state  of  New  York  or  a  sheriff,  under-sheriff,   deputy-sheriff or constable of the county or other political subdivision   in which the personal service is made, or an officer authorized  by  the   laws  of  this state, to take acknowledgments of deeds to be recorded in   this state, or an attorney and/or counselor at law, solicitor,  advocate   or  barrister  duly  qualified to practice in the state or country where   such service is made, or by a United States  marshal  or  deputy  United   States  marshal.  Proof  of  personal service without the state shall be   filed with the clerk of the court in which the action is pending  within   thirty  days  after  such service. Personal service without the state is   complete when proof thereof is filed. The court in which the  action  is   pending  may  order  such  extension  as  may be necessary to afford the   defendant reasonable opportunity to defend the action.3. Service of summons on  residents  who  depart  from  state  and  on   residents'  executors  or  administrators  who  are  nonresidents or who   depart from state.  The  provisions  of  section  seventy-four  of  this   chapter  shall  also  apply (a) to a resident who departs from the state   subsequent to the accident or collision and remains absent therefrom for   thirty days  continuously,  whether  such  absence  is  intended  to  be   temporary  or  permanent,  and  to any executor or administrator of such   resident, and (b) to an executor or administrator of a resident if  such   executor  or  administrator is a nonresident or if, being a resident, he   departs from the state and remains  absent  therefrom  for  thirty  days   continuously,  whether  such  absence  is  intended  to  be temporary or   permanent.4. As used in this section "vessel" means a vessel commonly known as a   "houseboat" and every vessel or floating craft propelled in any  manner,   except  a  vessel  having  a  valid marine document issued by the United   States or a foreign government.