NY Court: OK to Serve Servants on Sunday
What days do you not want to be served with process? I believe Clay Walker has an answer to that question. But a little known (to me) provision in the New York General Business Law actually prohibits service on Sunday.
Or does it? The Religion Clause blog posted a link yesterday to an opinion out of New York Supreme Court in Nassau County, holding that service on Sundays is valid as long as you can be sure that you're not disturbing the "repose or religious liberty" of the defendant or the person accepting service. When that person is a "concierge in a multiple dwelling," you can be sure you're not. Thus, said the court in Carbon Capital Management, LLC v. American Express Co., service is valid.
The opinion is kind of rambling, and the validity of service as to the defendant in question was not the primary issue. But the court did make clear its reasoning: to assume that Sunday is everybody's Sabbath might violate the Establishment Clause of the Constitution. And, where you're the poor sap stuck working as the concierge on Sunday, you're obviously not too deep in prayer. Unless, of course, you're praying for a better schedule the next month.
Posted by Eric Lipman on August 20, 2010 at 11:07 AM | Permalink
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