Can you serve a potential defendant with legal papers through their building’s doorman, or gatehouse guard, or? That depends.

Proper service of commencement papers is usually a jurisdictional prerequisite to maintain a court action, regardless of the merits of the underlying claims. Service in residential buildings or gated communities with full-time door attendants or gatehouse guards is sometimes put into issue by a defendant seeking to contest personal jurisdiction. 

Among the several ways that service is effectuated is the delivery of the Summons and Complaint at the defendant’s actual dwelling place to a person of suitable age and discretion. Does a door attendant or gatehouse guard qualify as a “person of suitable age and discretion?” 

New York courts have held that a door attendant or guard may qualify as a person of suitable age and discretion under CPLR 308(2), but this determination is highly fact-specific. 

The issue typically turns on whether the process server was denied access to the defendant's dwelling. 

For example, if a doorman allows the process server to proceed to the apartment, the doorman would not be authorized to accept service. However, when a process server is stopped at the front desk by the doorman, the server has met the outer bounds of the defendant's dwelling. In that case, the doorman is deemed authorized to accept service, provided that an integral part of the doorman's employment consists of direct responsibilities to the building’s occupants, including notification of incoming visitors, messages, and packages. In this instance, and assuming the role of the doorman meets the requisite factors, they then stand as a person of suitable age and discretion to accept service on behalf of the defendant. 

Boards should be aware of a significant caveat: 

If the Board or Co-op is suing the unit owner or shareholder, attendants are generally not authorized to accept service where the service is being made on behalf of the Board or Co-op, thus making this method of service in this context defective. 

If you have questions on this or other issues that may impact your co-op, condo, or HOA litigation, please contact Beth Gazes at bmg@gdblaw.com or 212-935-3131.