On July 25, 2023, Justice Reed of the New York County Commercial Division issued a decision in Jun Gao v. Coconut Beach/Haw., LLC, 2023 NY Slip Op. 50763(U), allowing service by e-mail, explaining:
If service is impracticable under paragraphs one, two, and four of CPLR § 308, the court may allow for service in such manner as it directs. Under CPLR §§ 308 (1) and (2), a party may perform service by delivering the summons to the person or to a person of suitable age and discretion at the actual place of business. If neither option is available, CPLR § 308 (4) allows for plaintiff to affix the summons to the door of either the actual place of business or last known residence of the defendant, or by mailing the summons to either. Here, plaintiff has stated his difficulty with attempting to find defendant Ding’s current address, and his attempts to serve at his actual place of business have been unavailing. The First Department has held that plaintiffs can properly affect service of process by email. Under the circumstances presented here, and given recent precedent, the court grants plaintiff’s motion for alternate service upon defendant Ding by emailing the summons and complaint to [email protected].
(Internal citations omitted).