Under the Non-Resident Motorist Statute, how is service effected?

Under the Non-Resident Motorist Statute, how is service effected?

• A. Mail 1 copy to NY Secretary of State and 1 copy to ∆'s residence
• B. Mail 1 copy to defendant's residence only
• C. Personal service in NY
• D. Service by publication

Answer: (A)

When a nonresident motorist’s actions in New York give rise to a claim, the statute provides a specific way to ensure proper notice: serve the Secretary of State, who acts as the state's agent for service on nonresidents, and also mail a copy to the defendant’s last known address (their residence). This dual approach recognizes that the driver may be outside New York and ensures actual notice through the state’s intermediary plus direct notice to the defendant. Personal service in New York isn’t required by this rule, and service by publication isn’t the method here. So sending one copy to the Secretary of State and one copy to the defendant’s residence best satisfies the statute.

When a nonresident motorist’s actions in New York give rise to a claim, the statute provides a specific way to ensure proper notice: serve the Secretary of State, who acts as the state's agent for service on nonresidents, and also mail a copy to the defendant’s last known address (their residence). This dual approach recognizes that the driver may be outside New York and ensures actual notice through the state’s intermediary plus direct notice to the defendant. Personal service in New York isn’t required by this rule, and service by publication isn’t the method here. So sending one copy to the Secretary of State and one copy to the defendant’s residence best satisfies the statute.