Trovato v. New York City Police Department
- Paul Engelmayer
- 1:24-cv-09833
- U.S. District Court · Southern District of New York
- 3
Trovato v. New York City Police Department: Judge Parker granted Trovato’s motion for alternative service after six unsuccessful attempts to serve Patrick Sweeney.
Richard Trovato may use the alternative service method authorized by the court to serve Patrick Sweeney. The order also directs the Clerk of Court to mail a copy of the order to Trovato.
What happened
In Trovato v. New York City Police Department, Richard Trovato, who was representing himself, asked to serve Patrick Sweeney by email and direct mail after ordinary service attempts failed.
A process server made six attempts at Sweeney’s residence at different times, including weekday evenings, a weekday afternoon, an early weekday morning, and a weekend morning. The court found those efforts showed the required diligence under New York service rules.
Judge Katharine H. Parker granted the motion. The order requires Trovato to attach the summons and complaint to the door of Sweeney’s home or business and mail those documents to Sweeney’s last known residence.
The detailed version
- Trovato v. New York City Police Department · No. 1:24-cv-09833
- Paul Engelmayer
- Jan. 24, 2025
Background
Richard Trovato, proceeding without a lawyer, filed a letter that the court treated as a motion for alternative service. The motion sought permission to serve Defendant Patrick Sweeney by email and direct mail to his residence.
Legal standard
Federal Rule of Civil Procedure 4(e) allows service on an individual in the United States under the law of the state where the federal court is located or where service is made. Because the case was brought in New York, the court applied New York Civil Practice Law and Rules § 308.
Under that law, an individual may generally be served personally or by delivery to a suitable person at the individual’s business, dwelling, or usual residence. If those methods cannot be completed with due diligence, the summons may be affixed to the door of the person’s business, dwelling, or usual residence and mailed to the person’s last known residence.
Court’s analysis
A process server made six attempts to serve Sweeney at his residence in Barnegat, New Jersey. The attempts occurred at different times when Sweeney could reasonably have been expected to be there, including late weekday evenings, a weekday afternoon, an early weekday morning, and a weekend morning. The process server’s affidavit stated that, after searching, making inquiries, and attempting service diligently, the process server had been unable to complete service.
The court concluded that these efforts satisfied New York’s due-diligence requirement for alternative service.
Ruling
Judge Katharine H. Parker granted Trovato’s motion for alternative service. For Sweeney, the order requires the summons and complaint to be affixed to the door of his actual place of business, dwelling, or usual place of abode and mailed to his last known residence. The Clerk of Court was directed to mail a copy of the order to Trovato.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.