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What is NYC AC § 20-409.2?

Quick Answer

This section establishes a civil cause of action for individuals injured by a process server's failure to comply with service of process laws in New York. It allows for claims against the process server and their agency for various forms of relief, including damages and attorneys' fees. Applies to individuals affected by improper service of process.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

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§ 20-409.2 Civil cause of action.

AC § 20-409.2

Any person injured by the failure of a process server to act in accordance with the laws and rules governing service of process in New York state, including this subchapter and regulations promulgated thereunder, shall have a cause of action against such process server and process serving agency, which distributed or assigned process for service, in any court of competent jurisdiction for any or all of the following relief: a. compensatory and punitive damages, provided that punitive damages shall only be awarded in the case of willful failure to serve process; b. injunctive and declaratory relief; c. attorneys' fees and costs; and d. such other relief as a court may deem appropriate.

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