On April 17, 2026, Justice Cohen of the New York County Commercial Division issued a decision in Agile Capital Funding LLC v. Solar4america Tech. Inc., 2026 NY Slip Op. 31702(U), allowing service by e-mail on persons in the Cayman Islands, explaining:
SPI Energy is a foreign corporation with no current active U.S. operations or physical presence in New York. It is currently in liquidation in the Cayman Islands, with the process being overseen by court appointed Joint Official Liquidators (“JOLs”), who are represented by attorney Ian Lambert of Broadhurst, LLC. SPI Energy has no current active U.S. operations or physical presence in New York or California, and there is no registered agent or individual available for personal service.
While CPLR 308(5) vests a court with the discretion to direct an alternative method of service of process when it determines that other methods are impracticable, personal service on a corporation may only be made pursuant to CPLR 311.
CPLR 311(b) provides that if service upon a domestic or foreign corporation is impracticable under [CPLR 311(a)], service may be made in such manner, and proof of service may take such form, as the court, upon motion without notice, directs. While Plaintiff moved under the wrong provision of the CPLR, the impracticability standards are sufficiently similar that courts have relied on CPLR 308(5) precedent to determine whether service is impracticable under CPLR 311. The Court therefore treats Plaintiff’s motion as though it had been brought under CPLR 311(b).
Granting alternate service under CPLR 311(b) requires a threshold showing that service by ordinary methods of service could not be made under the particular circumstances of the case. Without any such showing, a court is without power to direct expedient service. Plaintiffs must show that service was impracticable under both CPLR 311(a)(1) and Business Corporation Law § 307 before the court can order substituted service.
CPLR 311(a)(1) provides for service upon any domestic or foreign corporation, to an officer, director, managing or general gent, or cashier or assistant cashier or to any other agent authorized by appointment or by law to receive such service. A business corporation may also be served pursuant to Business Corporation Law § 307. Business Corporation Law § 307 provides for service on the New York Secretary of State in combination with either personal service or registered mail with return receipt requested.
Here, the record indicates that SPI Energy has no current active U.S. operations or physical presence in New York or California, and that there is no registered agent or individual available for service. SPI Energy is in official liquidation in the Cayman Islands, with its asset and management fully under the control of the JOLs. SPI Energy’s former officers and directors no longer exercise authority over its affairs; those functions have been assumed by the JOLS pursuant to the Winding Up Order of the Grand Court of the Cayman Islands.
The Court recognizes that the JOLs, Graham Robinson and James Parkinson of Crowe Cayman Ltd., are court-appointed fiduciaries empowered to manage SPI Energy’s affairs and carry on its business insofar as it is necessary for its winding up. They could be regarded as agents of the company for purposes of liquidation, but they are located in Grand Cayman and neither they nor their counsel have consented to accept service of process on behalf of SPI Energy. In fact, Broadhurst LLC assert that any attempt to serve the company, its registered office, the firm or the JOLs would require leave of the Grand Court of the Cayman Islands. Under these circumstances, service on the JOLS through the conventional means under CPLR 311(a)(1) and BCL 307 is impracticable.
Once the impracticability standard is satisfied, due process requires that the method of service be reasonably calculated, under all the circumstances, to apprise the defendant of the action. In devising appropriate forms of alternate service, courts have wide latitude to fashion means adapted to the particular facts of the case before them.
Accordingly, it is ORDERED that Plaintiff’s motion is GRANTED, and Plaintiff may serve SPI Energy by sending the Summons, Complaint, and all related papers by email to counsel and to both of the JOLs identified in the order of the Grand Court of the Cayman Islands:
Ian Lambert of Broadhurst LLC at ian@broadhurstllc.com;
John Jureller of Klestadt Winters Jureller Southard & Stevens LLP at jjureller@klestadt.com
James Parkinson at James.Parkinson@crowe.com
Graham Robinson at Graham.Robinson@crowe.com
(Internal quotations and citations omitted).