Dear New York Tenant:
In NYC in a restricted access building the landlord's attorney and process server coordinate so that the process server does not make futile efforts to gain entry to the building. So the landlord likely provided entry for the process server.
If the papers were handed to you the service is described as personal service. If the papers were found on your apartment door or slipped beneath the door and we're followed by regular and certified mail, that form of service is described as "conspicuous" service.
NYC process servers are licensed and must have GPS to support the facts relating to service as well as a hand written log book.
A tenant may challenge service by a pre-answer motion to dismiss or by raising a challenge to service by fact statements in a written verified answer to the petition. It helps to review the process server affidavit of service which must be filed with the clerk along with the original notice of petition.
The answer provided to you is in the nature of general information. The general proposition being that you should try to avoid a bad outcome if you can.
Short answer is, if he/she got in, its irrelevant how that was accomplished and service on you would still be considered good by the court if otherwise done in accordance with the rules; and, no, you can not pursue a trespass complaint unless he/she entered the confines of your own apartment without your permission. Having said that, you would better serve yourself by concentrating on defending the action brought against you.
Yes. The process server does not need your permission to enter.
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If someone else let him in, it's not a problem.
Under the rules governing the conduct of attorneys in New York it may be necessary to remind you that this answer could be considered attorney advertising.
The answer is it doesn't matter because the police wont arrest him and how he got in will not invalididate service. You need to address the summons. If you are being sued for something you have insurance coverage for contact your carrier ASAP and it will assign you a lawyer. If you don't have insurance hire alwyer ASAP and be sure not to default.
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