NYC Civil Court Motor Vehicle Accident Lawsuit Insurance Law Forms

A civil court motor vehicle accident lawsuit is a statutory procedure that applies when the defendant is a non-resident motorist or cannot be personally served within New York. The procedure allows service of process on a designated public official who acts as the defendant’s statutory agent for service.

In New York motor vehicle accident cases, Vehicle and Traffic Law § 253 provides that a non-resident motorist who uses New York roads is deemed to have appointed the New York Secretary of State as an agent for service of process. This rule allows a plaintiff to commence a motor vehicle accident action in the Civil Court of the City of New York when the accident has a sufficient connection to New York, and the defendant is not physically available for personal service in the state.

Because substituted service is not direct personal delivery to the defendant, the plaintiff must strictly comply with the statutory service requirements. These requirements generally include:

• Serving the New York Secretary of State as the defendant’s statutory agent.
• Mailing the required notice and litigation papers to the defendant at the proper address.
• Filing proof of service and the required Affirmation of Compliance with the Civil Court.
• Using the correct Civil Court form, including Form CIV-GP-73 for the Affirmation of Compliance in non-resident motorist cases.

Strict compliance is necessary because service of process affects the court’s authority to hear the case and enter a judgment against the defendant. Failure to follow the applicable statutory procedure may result in dismissal for lack of jurisdiction or may prevent the plaintiff from obtaining enforceable relief.

For this reason, identifying the correct service method, completing the required mailing, and filing the proper Civil Court documents are essential steps in a motor vehicle accident lawsuit involving a non-resident defendant.

Before selecting a substituted service procedure, confirm that the form set matches the defendant’s legal status and the court’s filing requirements. The RunSensible Forms Library provides jurisdiction-specific legal forms and court-ready templates, and users can also Find the Right Law Forms Online for current documents that support accurate drafting and filing.

Legal Functions in an NYC Civil Court Motor Vehicle Accident Lawsuit

The service-of-process and insurance compliance framework in an NYC Civil Court motor vehicle accident lawsuit serves jurisdictional, procedural, and evidentiary functions. It also imposes statutory duties on plaintiffs, non-resident motorists, and unauthorized insurers.

The mechanism confers personal jurisdiction by giving the court authority over the defendant through proper service of process. Without a valid service, the court cannot enter a binding judgment. Under Vehicle and Traffic Law § 253, a non-resident motorist who operates a vehicle on New York roads is deemed to have appointed the New York Secretary of State as agent for service of process. Under Insurance Law § 1213, an unauthorized foreign or alien insurer that transacts insurance business in New York is deemed to have appointed the Superintendent of Financial Services as agent for service of process.

The mechanism also creates a formal notice record. Forms CIV-GP-73, CIV-GP-74-A, and CIV-GP-74-B document the required service, notice, and compliance steps. This record supports due process because the defendant must receive legally sufficient notice and an opportunity to respond before the court acts.

In an NYC Civil Court motor vehicle accident lawsuit, a complete service record may support the following outcomes:

• A default judgment is awarded when the defendant does not respond after proper service and notice.
• Post-judgment enforcement, appeals, or related proceedings where proof of service is relevant.
• Correction of service defects where the record identifies the defect and correction is permitted by law.
• Compliance with insurance-related statutory duties involving unauthorized insurers.

The mechanism may also impose procedural and financial duties. Under Vehicle and Traffic Law § 253 and Insurance Law § 1213, substituted service requires payment of the applicable statutory service fee. Under Insurance Law § 1213(c)(1), an unauthorized foreign or alien insurer may be required to obtain authorization to transact insurance business in New York, deposit cash, or file a bond sufficient to secure payment of a potential final judgment before filing a defensive pleading. Under Insurance Law § 1213(d), an unauthorized insurer’s failure to defend may have statutory consequences. If the court finds that the insurer’s refusal to pay a claim was vexatious, the court may award the plaintiff an additional statutory fee, subject to the limits provided by law.

These rules determine whether the court has authority over the defendant, whether notice is legally sufficient, whether default relief is available, and whether insurance-related statutory duties apply.

A missed mailing, filing deadline, or compliance document can affect the validity of service in an NYC Civil Court motor vehicle accident lawsuit. Use the RunSensible Forms Library to access jurisdiction-specific forms and filing tools, and use Find the Right Law Forms Online to locate current forms before preparing the next filing.

Common Stages in an NYC Civil Court Motor Vehicle Accident Lawsuit

An NYC Civil Court motor vehicle accident lawsuit involving substituted service follows a defined procedural sequence. Each stage must be completed accurately because an error in service, notice, mailing, or filing can affect personal jurisdiction and may prevent the court from granting default relief.

Stage 1: Defendant Identification and Service Route

The process begins when the plaintiff identifies the correct defendant and determines the applicable service route. A non-resident motorist is generally served under Vehicle and Traffic Law § 253 through the New York Secretary of State. An unauthorized insurer is generally served under Insurance Law § 1213 through the Superintendent of Financial Services. If the defendant is a corporation or insurer, the plaintiff must confirm the entity’s legal status and exact legal name before filing. This determination controls the required agency, form set, fee, and mailing procedure.

Stage 2: Filing the Summons and Complaint

The plaintiff files the summons and complaint with the Civil Court clerk in the proper county. The clerk assigns an index number, which must appear on later filings. The summons must use the defendant’s exact legal name. For an insurer defendant, the name should match the underwriting entity identified in the policy documents. An incorrect caption, trade name, abbreviation, or outdated entity name may create a service defect.

Stage 3: Service on the Statutory Agent

After filing, the plaintiff serves the appropriate statutory agent. In a motor vehicle claim against a non-resident motorist, the plaintiff serves the New York Secretary of State with the summons and complaint and pays the required statutory fee. In an action against an unauthorized insurer, the process server serves the Superintendent of Financial Services or the designated Department of Financial Services office and pays the required statutory fee. Service on the wrong agency, payment of an incorrect fee, or use of an incorrect payee name may result in rejection of the process.

Stage 4: Notice Mailing to the Defendant

The plaintiff must then complete the required notice mailing. Service on the statutory agent does not replace notice to the defendant. In a motorist case, the plaintiff must mail the summons, complaint, and notice of service to the non-resident motorist at the proper address or arrange for permitted out-of-state personal service. In an unauthorized insurer case, the plaintiff must mail the summons, complaint, and notice of service to the insurer’s last known principal place of business by the required mailing method. Where Insurance Law § 1213 applies, the mailing must be completed within the statutory period after service on the Superintendent of Financial Services.

Stage 5: Mailing Result and Follow-Up Procedure

The mailing result determines the next compliance step. If the mailing is accepted, the signed return receipt should be retained as proof of receipt. If the mailing is refused, the plaintiff must complete the required follow-up mailing by ordinary mail and preserve the envelope marked “refused.” If the mailing is returned as unclaimed, the plaintiff must complete the required ordinary mailing and retain proof that the secondary mailing was made. These documents become part of the service record.

Stage 6: Compliance Filing

After service and mailing are complete, the plaintiff prepares the compliance filing. For a non-resident motorist, the filing generally includes the Affirmation of Compliance on the applicable Civil Court form. For an unauthorized insurer, it generally includes the notice of service and the affidavit or affirmation of compliance.

The plaintiff should attach the documents that prove service and mailing, including the summons, complaint, proof of service on the statutory agent, and proof of mailing. Depending on the mailing result, the filing should also include the signed return receipt, the envelope marked “refused,” the envelope marked “unclaimed,” an ordinary mail affidavit, or a proof of mailing certificate.

Stage 7: Completion of Service and Defendant Response Period

The compliance filing must be made within the applicable statutory deadline. In a non-resident motorist case, the plaintiff generally must file the required compliance package within 30 days after receiving the return receipt, refused notation, or unclaimed notation. Service is deemed complete when the Affirmation of Compliance is filed with the Civil Court clerk. This filing completes the substituted service process and starts the defendant’s time to answer or move to dismiss.

Stage 8: Contested Proceedings, Default Judgment, or Final Determination

If the defendant appears, the NYC Civil Court motor vehicle accident lawsuit proceeds through the ordinary litigation track, including conferences, discovery, motion practice, settlement, trial, or other final disposition. If the defendant does not appear, the plaintiff may seek a default judgment. The court will review the service record, compliance documents, proof of liability, proof of damages, and required affirmation before deciding whether default relief is available.

In an NYC Civil Court motor vehicle accident lawsuit, substituted service establishes the court’s authority over the defendant, creates the notice record, supports due process, and determines whether the case can proceed to contested litigation or default judgment.

Forms and Documents Used in an NYC Civil Court Motor Vehicle Accident Lawsuit

An NYC Civil Court motor vehicle accident lawsuit involving substituted service is form-driven. Each form documents a specific part of the service process, from the initial court filing to the final compliance record. The forms must match the defendant’s legal status, the statutory agent served, and the required notice procedure.

CIV-GP-73 Summons and Complaint

The summons and complaint begin the action in Civil Court. The plaintiff files these documents with the clerk in the proper county, and the court assigns an index number.

The complaint should state the basis for jurisdiction. In a non-resident motorist case under Vehicle and Traffic Law § 253, the complaint should allege that the accident occurred in New York and involved a non-resident defendant. In an insurance-related claim under Insurance Law § 1213, the complaint should allege the conduct that brings the insurer within the unauthorized insurer statute.

The summons and complaint should confirm the following information:

• The correct Civil Court county.
• The assigned index number.
• The exact legal name of each defendant.
• The statutory basis for substituted service.
• The factual connection between the motor vehicle accident and New York.

The caption must remain consistent across all later forms. Any difference between the summons, complaint, notice form, and compliance form may create a service defect.

CIV-GP-73 / CIV-GP-73-i: Notice of Service of Summons and Complaint on the Secretary of State

CIV-GP-73 is used to document notice after service of the summons and complaint on the New York Secretary of State. In an NYC Civil Court motor vehicle accident lawsuit, this form is relevant when substituted service proceeds through the Secretary of State under Vehicle and Traffic Law § 253 or another applicable statutory route.

The form should identify the defendant, the date of service on the Secretary of State, and the address used for the required notice mailing. The caption, index number, defendant name, and service details should match the summons and complaint.

The filing should generally include:

• The completed CIV-GP-73.
• The summons and complaint.
• Proof of service on the Secretary of State.
• Proof of mailing to the defendant.
• The return receipt or returned envelope, if applicable.

CIV-GP-73-i should be used as the instruction companion for CIV-GP-73. It helps confirm the required information, signature requirements, and supporting documents before filing.

CIV-GP-73A: Service Instructions and Affidavit of Service Requirements

CIV-GP-73A relates to service under Vehicle and Traffic Law § 253. It is used in a motor vehicle accident case involving a non-resident motorist.

This form explains the service requirements for serving the Secretary of State as the statutory agent and completing the required notice to the defendant. It is especially important in an NYC Civil Court motor vehicle accident lawsuit where the plaintiff relies on substituted service instead of direct personal service on the defendant.

The plaintiff should use CIV-GP-73A to confirm the following requirements:

• Service to the New York Secretary of State.
• Mailing of the summons, complaint, and notice to the non-resident motorist.
• Use of the correct defendant address.
• Retention of mailing proof.
• Filing of the required compliance documents within the applicable deadline.

If the plaintiff relies on a motor vehicle record or driver abstract to confirm the defendant’s out-of-state address, any filed document should comply with applicable privacy and redaction requirements.

CIV-GP-74-A: Notice of Service on an Unauthorized Insurer

CIV-GP-74-A is used when the defendant is an unauthorized insurer served through the Superintendent of Financial Services under Insurance Law § 1213. It notifies the insurer that the process was served on the Superintendent as the statutory agent.

The form should use the insurer’s exact legal underwriting name. It should not use a marketing name, group name, claims administrator, or affiliated entity unless that entity is the named legal defendant.

The form should state the date of service on the Superintendent, identify the documents served, and provide the address used for the required notice mailing. The mailing should be sent to the insurer’s principal place of business or another address permitted by law. If the insurer is located outside the United States, the mailing should use a tracked method capable of confirming delivery.

CIV-GP-74-B / CIV-GP-74-B-i: Affidavit or Affirmation of Compliance with the Insurance Law

CIV-GP-74-B is the compliance document for service on an unauthorized insurer. It confirms that the plaintiff served the Superintendent of Financial Services, mailed the required notice and papers to the insurer, and complied with Insurance Law § 1213.

The person signing the document should have personal knowledge of the service facts or should clearly state the basis for that knowledge. The form should be consistent with CIV-GP-74-A and the supporting proof.

The filing should generally attach:

• The DFS service receipt.
• The summons and complaint.
• CIV-GP-74-A.
• Proof of mailing.
• The signed return receipt, tracking confirmation, refused envelope, or unclaimed envelope, as applicable.

CIV-GP-74-B-i should be used as the instruction companion for CIV-GP-74-B. It helps confirm the required exhibits, service dates, mailing details, and signature requirements before the compliance filing is submitted.

DFS Service Receipt

The DFS service receipt documents the service to the Superintendent of Financial Services. It should show the date of service and the documents delivered.

The DFS receipt supports the plaintiff’s claim that the statutory agent was properly served. It should be kept with the notice form, mailing proof, and compliance affidavit or affirmation.

The DFS procedure should be used only where the Superintendent is the proper statutory agent under the applicable insurance statute. It should not be assumed to apply to every insurance-related entity.

Mailing Proof and Return Documentation

Mailing proof shows that the required notice and litigation papers were sent to the defendant after service on the statutory agent. This proof is part of the service record in an NYC Civil Court motor vehicle accident lawsuit.

The relevant proof may include a certified mail receipt, registered mail receipt, USPS certificate of mailing, tracking confirmation, signed return receipt, envelope marked “refused,” envelope marked “unclaimed,” ordinary mail affidavit, or proof of mailing certificate.

If the mailing is accepted, the signed return receipt should be retained. If the mailing is refused, the refused envelope and proof of any required ordinary mailing should be preserved. If the mailing is unclaimed, the unclaimed envelope and proof of any required follow-up mailing should be retained.

Final Compliance Package

The final compliance package combines the forms and supporting documents into one court record. It should include the applicable notice form, compliance affidavit or affirmation, proof of service on the statutory agent, proof of mailing, and any return documentation.

The forms work together as a compliance chain. The summons and complaint establish the case. The notice form documents notice to the defendant. The agency receipt confirms service to the statutory agent. The mailing proof confirms transmission to the defendant. The compliance affidavit or affirmation connects these steps in a sworn filing.

In an NYC Civil Court motor vehicle accident lawsuit, these forms determine whether service is valid, whether the defendant’s response period begins, whether default relief may be available, and whether the case can proceed to final determination.

Each form in the substituted service process must match the defendant, statute, agency, and required proof of mailing. The RunSensible Forms Library provides court-ready form templates for legal filings, and Find the Right Law Forms Online helps users identify updated forms for their jurisdiction.

Aftermath: Enforcement, Compliance, and Ongoing Obligations

After the substituted service is completed in an NYC Civil Court motor vehicle accident lawsuit, the case enters a new procedural phase. The plaintiff may proceed toward judgment, enforcement, or further litigation, while the defendant retains the right to appear, answer, move to dismiss, or seek relief from a default judgment where permitted by law.

Once the required affirmation or affidavit of compliance is filed, substituted service carries legal effect comparable to personal service, provided that all statutory service, mailing, and filing requirements were satisfied. The filing of the compliance documents also creates the record that the court reviews when determining whether the defendant’s response period has started and whether default relief may be available.

Default Judgment After Compliance Filing

If the defendant does not appear or answer after service is complete, the plaintiff may apply for a default judgment. In an insurance-related matter involving Insurance Law § 1213, the court generally cannot enter a default judgment until the applicable statutory waiting period has expired after the compliance filing.

A default judgment application in an NYC Civil Court motor vehicle accident lawsuit should be supported by a complete record, including:

• The summons and complaint.
• The applicable notice form and compliance affirmation or affidavit.
• Proof of service on the statutory agent.
• Proof of mailing to the defendant.
• Proof of liability, damages, and the defendant’s failure to appear.

The court may deny default relief if the service record is incomplete, inconsistent, or unsupported by mailing proof.

Unauthorized Insurer Compliance Obligations

When the defendant is an unauthorized foreign or alien insurer, Insurance Law § 1213 may impose additional requirements before the insurer can defend the action. Depending on the statutory provision and procedural posture, the insurer may be required to obtain authorization to transact insurance business in New York or provide security through a cash deposit or bond sufficient to protect the plaintiff’s potential recovery.

The security requirement is significant because it can affect whether the insurer may file an answer, motion, or other defensive pleading. If the insurer does not comply with the applicable security requirement, the court may restrict the insurer’s participation, strike a pleading, or allow the plaintiff to seek default relief, subject to judicial review.

Enforcement of a Civil Court Judgment

A judgment entered in an NYC Civil Court motor vehicle accident lawsuit is enforceable according to New York judgment enforcement procedures. Once entered and docketed where required, the judgment may support post-judgment collection steps.

Available enforcement tools may include:

• Information subpoenas to obtain financial information from the judgment debtor.
• Bank restraints or levies were permitted by law.
• Wage garnishment is legally available.
• Marshal’s execution against eligible personal property.
• Docketing procedures that may create a lien against real property in the proper county.

If enforcement is required outside New York, the plaintiff may need to follow the applicable domestication or registration procedure in the other jurisdiction.

DFS Records and Regulatory Involvement

In cases involving unauthorized insurers, the Department of Financial Services may maintain a record of service made through the Superintendent of Financial Services. A certified copy of that record may help confirm service in later enforcement proceedings, default applications, or disputes concerning notice.

The Department of Financial Services may also have a regulatory interest in unauthorized insurer matters. If a judgment is entered against an unauthorized insurer and collection problems arise, the plaintiff may preserve DFS correspondence and complaint records as part of the post-judgment file.

Vacatur, Appeal, and Service Challenges

A defendant served through substituted service may seek to vacate a default judgment under CPLR 5015 or CPLR 317 where the statutory requirements are met. The defendant may argue lack of actual notice, improper service, a reasonable excuse for default, or a potentially meritorious defense.

The plaintiff’s strongest response to a vacatur motion is a complete and consistent service record. If the service documents show proper service on the statutory agent, timely mailing, correct addresses, and timely compliance filing, the defendant’s claim of defective notice is less likely to succeed. If the service was defective, however, any resulting judgment may be vulnerable to vacatur.

Appeals from Civil Court judgments proceed through the applicable appellate structure, including the Appellate Term. The borough and department determine the specific appellate route.

Judgment Duration and Renewal

A New York judgment may remain enforceable for a substantial statutory period, but enforcement should not be treated as indefinite without monitoring. Plaintiffs should track judgment dates, enforcement activity, renewal requirements, and any deadlines that may affect collectability.

In an NYC Civil Court motor vehicle accident lawsuit, this is especially important where the defendant is absent, out of state, uninsured, underinsured, or insured through an unauthorized carrier.

Post-Judgment Recordkeeping

After judgment, the plaintiff should preserve the complete litigation and service file. The file may be needed years later if the defendant challenges service, seeks vacatur, appeals, or resists enforcement.

The retained file should include service receipts, notice forms, compliance affidavits or affirmations, mailing receipts, return cards, refused or unclaimed envelopes, DFS records, the judgment, docket entries, enforcement documents, and correspondence with the defendant, insurer, or regulatory agency.

In an NYC Civil Court motor vehicle accident lawsuit, the aftermath of substituted service is not limited to obtaining a judgment. The completed service record supports enforcement, protects the judgment against later challenge, and documents compliance with the statutory procedures that allowed the court to exercise authority over the defendant.

Common Mistakes and Best Practices in an NYC Civil Court Motor Vehicle Accident Lawsuit

Procedural accuracy is essential in an NYC Civil Court motor vehicle accident lawsuit involving substituted service. The court may deny default relief, dismiss the action, or vacate a judgment if the record does not show compliance with the applicable statute.

Common Mistakes

• Using the wrong service procedure: The plaintiff should not use CIV-GP-73 and Secretary of State procedures for an unauthorized insurer subject to Insurance Law § 1213. The plaintiff should also avoid using unauthorized insurer procedures for a licensed insurer unless the statute applies.
• Serving the wrong entity: The Superintendent of Financial Services may accept service only where the statute authorizes that service. A parent company, holding company, claims administrator, or affiliate should not be served through the Superintendent unless it is the proper legal defendant.
• Using an incorrect entity name: The summons, complaint, notice form, and compliance form must use the defendant’s exact legal name. Trade names, brand names, abbreviations, and parent company names can create service defects.
• Paying the wrong fee or naming the wrong payee: The plaintiff should confirm the statutory fee and payee before service. An incorrect fee or an outdated payee name may cause rejection of the process.
• Using a stale or incorrect address: Notice should be mailed to the proper defendant address. For an insurer, this generally means the principal place of business or another address permitted by law, not an outdated claims address.
• Missing the notice mailing deadline: Where Insurance Law § 1213 applies, the plaintiff must complete the notice mailing within the applicable statutory period after service on the Superintendent of Financial Services.
• Missing the compliance filing deadline: The plaintiff must timely file CIV-GP-73 or CIV-GP-74-B after receiving the return receipt or postal notation. A missed filing deadline may create a jurisdictional defect.
• Omitting follow-up ordinary mailing: If certified or registered mail is returned as “refused” or “unclaimed,” the plaintiff must complete any required ordinary mailing and preserve proof of that mailing.
• Filing an incomplete compliance package: CIV-GP-74-B should include the DFS receipt, proof of mailing, papers served, and return documentation. Missing exhibits may prevent default relief.
• Submitting a defective affidavit: Missing notarization, inconsistent captions, or one form covering multiple defendants can undermine the service record. Each defendant should have a separate service file.

Best Practices

• Verify defendant status before filing: Review business records, insurance records, policy documents, and regulatory information before selecting the service procedure.
• Confirm all service requirements: Check the correct statutory agent, number of copies, statutory fee, payee name, form set, mailing method, and filing deadline before service.
• Use exact legal names and current addresses: Confirm the defendant’s name and address through policy declarations, denial letters, claim correspondence, contracts, business filings, or official records.
• Mail promptly after statutory-agent service: Complete the required mailing as soon as practicable and within any statutory deadline. Use certified mail, registered mail, or another tracked method when required or appropriate.
• Preserve official mailing proof: Keep postal receipts, return cards, tracking records, refused envelopes, unclaimed envelopes, ordinary mail affidavits, and proof of mailing certificates.
• Maintain a separate service file for each defendant: Include the summons and complaint, notice forms, service receipts, mailing proof, return documentation, compliance forms, and copies of all papers served or mailed.
• Calendar all deadlines: Track the notice mailing deadline, compliance filing deadline, defendant response period, and any waiting period before a default judgment motion.
• Review the full package before seeking default relief: Confirm that all captions match, all dates are consistent, all required fees were paid, all mailings were completed, and all attachments are included.

In an NYC Civil Court motor vehicle accident lawsuit, a complete service record supports default relief, protects the judgment from later challenge, and demonstrates compliance with substituted service requirements.

Rejected filings often result from incorrect forms, inconsistent captions, missing attachments, or outdated procedural documents. The RunSensible Forms Library helps users work from updated, jurisdiction-specific templates, while Find the Right Law Forms Online supports accurate form selection before submission.

Final Thoughts

An NYC Civil Court motor vehicle accident lawsuit involving substituted service depends on accurate forms, timely mailing, and a complete service record. CIV-GP-73, CIV-GP-73A, CIV-GP-74-A, and CIV-GP-74-B help establish jurisdiction, document notice, and support later court action.

The correct form set depends on the defendant’s legal status. The plaintiff should verify the defendant’s exact legal name, address, statutory agent, filing fee, and mailing requirements before preparing the forms.

The service record generally depends on three elements:

• Notice form: Records the service event and identifies the defendant, statutory agent, service date, and mailing address.
• Compliance affirmation or affidavit: Confirms the service and mailing steps in a signed or sworn filing.
• Mailing proof: Shows that the required papers were transmitted to the defendant by the required method.

If any element is missing, inconsistent, or unsupported, the court may deny default relief or later vacate a judgment. For that reason, the plaintiff should calendar deadlines, preserve postal records, and review the full package before filing.

In an NYC Civil Court motor vehicle accident lawsuit, these forms are not administrative formalities. They are the documents that allow the court to confirm jurisdiction, notice, and compliance before the case proceeds to judgment or enforcement.

FAQs

1. What is the legal effect of substituted service under Vehicle and Traffic Law § 253?

Substituted service under Vehicle and Traffic Law § 253 allows a plaintiff to serve a non-resident motorist through the New York Secretary of State when the claim arises from a motor vehicle accident in New York. When all statutory steps are completed, substituted service may establish personal jurisdiction over the defendant.

2. How does a plaintiff choose the correct service pathway?

The correct service pathway depends on the defendant’s legal status. A non-resident motorist is generally served through the New York Secretary of State. An unauthorized insurer is generally served through the Superintendent of Financial Services under Insurance Law § 1213. The plaintiff should verify the defendant’s status before selecting the form set.

3. What is an unauthorized insurer?

An unauthorized insurer is an insurance company that is not licensed by the New York Department of Financial Services to transact insurance business in New York. CIV-GP-74-A and CIV-GP-74-B are used when the unauthorized insurer procedure applies.

4. When should CIV-GP-73 be used instead of CIV-GP-74-A?

CIV-GP-73 is used in connection with service through the New York Secretary of State. CIV-GP-74-A is used when an unauthorized insurer is served through the Superintendent of Financial Services under Insurance Law § 1213. The forms apply to different statutory agents and should not be used interchangeably.

5. What documents are usually required to complete the service record?

The service record usually includes the summons and complaint, the applicable notice form, proof of service on the statutory agent, proof of mailing to the defendant, and the required affirmation or affidavit of compliance. It may also include a signed return receipt, tracking confirmation, refused envelope, unclaimed envelope, or proof of mailing certificate.

6. What happens if certified or registered mail is refused or unclaimed?

If the mail is refused or unclaimed, the plaintiff should preserve the returned envelope and complete any required follow-up mailing by ordinary mail. The plaintiff should also preserve proof of the second mailing and include it with the compliance filing where required.

7. Who may sign CIV-GP-74-B?

CIV-GP-74-B should be signed by a person with personal knowledge of the service facts or a clearly stated basis for that knowledge. This may include the plaintiff, an attorney of record, or an authorized representative. If notarization is required, the form must be properly notarized.

8. Can a plaintiff seek a default judgment after substituted service?

Yes. A plaintiff may seek a default judgment if substituted service is complete and the defendant fails to appear or answer within the applicable time. The court will review the service record, compliance documents, proof of liability, and proof of damages before granting relief.

9. Can a defendant challenge a default judgment after substituted service?

Yes. A defendant may move to vacate a default judgment under CPLR 5015 or CPLR 317 where the statutory requirements are met. A complete service file helps the plaintiff respond to claims of improper service or lack of actual notice.

10. What should the plaintiff preserve after service is complete?

The plaintiff should preserve the complete service file, including the summons and complaint, notice forms, compliance affidavits or affirmations, agency receipts, mailing receipts, return cards, returned envelopes, tracking records, court-stamped filings, and related correspondence.

Resources

1. New York Vehicle and Traffic Law § 253: Service of Summons on Non-Residents-New York State Senate
   https://www.nysenate.gov/legislation/laws/VAT/253
2. New York Insurance Law § 1213: Service of Process on Superintendent as Attorney for Unauthorized Insurers-New York State Senate
   https://www.nysenate.gov/legislation/laws/ISC/1213
3. New York Insurance Law § 1212: Service of Process Upon Superintendent as Attorney-New York State Senate
   https://www.nysenate.gov/legislation/laws/ISC/1212
4. New York Civil Practice Law and Rules Article 3: Jurisdiction and Service-New York State Senate
   https://www.nysenate.gov/legislation/laws/CVP/A3
5. New York Business Corporation Law § 306: Service of Process-New York State Senate
   https://www.nysenate.gov/legislation/laws/BSC/306
6. Service of Legal Process-New York State Department of Financial Services
   https://www.dfs.ny.gov/industry_guidance/service_legal_process
7. Service of Process / Notice of Claim-New York Department of State
   https://dos.ny.gov/service-processnotice-claim
8. New York Civil Court Forms-New York State Unified Court System
   https://ww2.nycourts.gov/courts/nyc/civil/forms.shtml
9. Service Instructions and Affidavit of Service Requirements Regarding Section 253 of the Vehicle and Traffic Law-New York State Unified Court System
   https://www.nycourts.gov/forms/service-instructions-and-affidavit-service-requirements-regarding-section-253-vehicle-and
10. Notice of Service on an Unauthorized Insurer-New York State Unified Court System
    https://www.nycourts.gov/forms/notice-service-unauthorized-insurer
11. Affirmation of Compliance with the Insurance Law-New York State Unified Court System
    https://www.nycourts.gov/forms/affirmation-compliance-insurance-law
12. New York Civil Practice Law and Rules § 306-b: Service of the Summons and Complaint-New York State Senate
    https://www.nysenate.gov/legislation/laws/CVP/306-B