§ 2-235 Preparation of Affidavits of Service or Affirmations of Service.
RCNY § 2-235
(a)A licensee may not sign an affirmation of service or notarize or cause to be signed or notarized an affidavit of service until all factual averments have been set forth. The licensee must include their license number on all affidavits of service and affirmations of service signed by them. On each affidavit of service and affirmation of service, the licensee must: (1) specify the papers served; the person who was served; the individual who was delivered service; the date, time and address or place of service; and the manner of service; and (2) set forth facts showing that service was made in an authorized manner. A process server purporting to serve a business entity by delivery of papers to an individual that the process server, upon personal knowledge, avers in the affidavit of service or affirmation of service to be the “agent,” “managing agent” or “general agent,” or other individual authorized to accept service, also must state in the affidavit of service or affirmation of service, at a minimum: (1) that the process server inquired if that individual was authorized to accept service and received an affirmative response; (2) that the process server inquired of the individual their name and job or responsibilities and the individual’s responses; and (3) facts confirming or explaining the statement that the process server knew the individual served was the type of agent specified in the affidavit of service or affirmation of service. The licensee must maintain a copy of each affidavit of service and affirmation of service for at least seven years in electronic form or as a paper copy.
(b)A licensee must not make any false statement in an affidavit of service or affirmation of service.
(c)The commissioner may deny any license application or refuse to renew any license, and, after due notice and opportunity to be heard, may suspend or revoke such license, if the applicant or person holding such license, or where applicable, any of its officers, principals, directors, members, managers, employees, or stockholders owning ten percent or more of the outstanding stock of the corporation, has been found, in connection with the applicant’s or licensee’s business, to have made a false statement in an affirmation of service or affidavit of service. (Amended City Record 9/23/2022, eff. 10/23/2022; amended City Record 12/31/2024, eff. 3/1/2025)
