On March 22, 2025, Justice Masley of the New York County Commercial Division issued a decision in Bangladesh Bank v. Rizal Commercial Banking Corp., 2025 NY Slip Op. 30944(U), holding that the failure to meeting the timing requirements for service by publication is a jurisdictional defect, explaining:
This court granted the application and extended the Bank’s time to serve until October 6, 2023, authorizing alternative service through (i) defendants’ attorneys in pending criminal actions in the Philippines if counsel agree to accept service; (ii) or by local publications in the Philippines if counsel refuses; and (iii) by e-mail, Facebook, Linkedln, Twitter, and/or other similar social media communication platform if known.
The Bank’s counsel avers that it attempted service through Salud Bautista and Torres’s counsel in the Philippines, but none agreed to accept.. The Bank submits proof of service by publication in English in two newspapers Philippine Daily Inquirer on August 19, 26, 31, and September 8, 2023 and Manila Bulletin on August 10, 17, 24, and 31, 2023.
It is mandated that the first publication of the summons shall be made within thirty days after the order for alternative service is granted. The thirty-day period expired on August 17, 2023. The first publication in Philippine Daily Inquirer was made two days late, on August 19, 2023.
This failure to comply with the 30-day requirement of CPLR 316 (c) is a jurisdictional defect. Accordingly, the Bank failed to properly effectuate service by publication.
(Internal quotations and citations omitted).