Under NY service rules, when is Saturday service prohibited?

Under NY service rules, when is Saturday service prohibited?

• A. Saturday service is always prohibited.
• B. Saturday service is allowed if defendant is not a Sabbath observer.
• C. Saturday service is prohibited when the plaintiff knows the defendant is a Saturday-Sabbath observer.
• D. Saturday service is allowed in all cases.

Answer: (C)

Respect for religious observance governs when service on a Saturday is allowed in NY. If the plaintiff knows the defendant is a Saturday-Sabbath observer, service on Saturday is prohibited. This reflects a rule that honoring the defendant’s day of rest takes precedence when there is knowledge of Sabbath observance, so the process cannot be served on that day. The other options don’t fit because the prohibition isn’t universal or absolute. It’s not that Saturday service is always prohibited, nor is it always allowed regardless of observance. It also isn’t simply about whether the defendant is a Sabbath observer; the key trigger is the plaintiff’s knowledge of that observance.

Respect for religious observance governs when service on a Saturday is allowed in NY. If the plaintiff knows the defendant is a Saturday-Sabbath observer, service on Saturday is prohibited. This reflects a rule that honoring the defendant’s day of rest takes precedence when there is knowledge of Sabbath observance, so the process cannot be served on that day.

The other options don’t fit because the prohibition isn’t universal or absolute. It’s not that Saturday service is always prohibited, nor is it always allowed regardless of observance. It also isn’t simply about whether the defendant is a Sabbath observer; the key trigger is the plaintiff’s knowledge of that observance.