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New York Consolidated Laws

N.Y. General Business Law § 11 (2026)

Serving civil process on Sunday

✓ text as retrieved May 2026 (this copy records no edition or section history)
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§ 11. Serving civil process on Sunday.  All service or execution of
legal process, of any kind whatever, on the first day of the week is
prohibited, except in criminal proceedings or where service or execution
is specially authorized by statute. Service or execution of any process
upon said day except as herein permitted is absolutely void for any and
every purpose whatsoever.
Notes of Decisions
Cited in 6 cases, 1986–2012 · leading case: Carbon Capital Mgmt., LLC v. Am. Express Co., 88 A.D.3d 933 (N.Y. App. Div. 2d Dep't 2011).
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Carbon Capital Mgmt., LLC v. Am. Express Co., 88 A.D.3d 933 (N.Y. App. Div. 2d Dep't 2011). “Pursuant to General Business Law § 11, “[a]ll service or execution of legal process, of any kind whatever, on the first day of the week is prohibited.”
People ex rel. Robertson v. New York State Div., 492 N.E.2d 762 (N.Y. 1986). “The summary and exigent nature of the proceeding is evidenced by the requirement of CPLR 7003 (a) that the court "issue the writ without delay on any day,” the provision of CPLR 7005 authorizing service of a writ on any day notwithstanding that service of other process on a…”
Kyriacou v. Kangelaris, 169 Misc. 2d 236 (1996). · cites it 3× “Simon’s act of dropping the envelopes in the mailbox on Sunday, December 17, 1995, was service in violation of General Business Law § 11. Toward that end respondents refer the court to CPLR 2103 (f) (1) (incorrectly cited as CPLR 2105 [f] [1]), Sport-O-Rama Health & Fitness Ctr.”
In re Adam, 93 A.D.3d 671 (N.Y. App. Div. 2d Dep't 2012). “In addition, his attorney argued that the affidavit of service stated that the father was served on September 28, 2008, which was a Sunday, rendering service void (see General Business Law § 11). The Family Court denied the father’s motion.”
Fine v. Comm'r of Dep't of Consum. Affairs, 168 A.D.2d 285 (N.Y. App. Div. 1st Dep't 1990). · cites it 2× “), entered June 21, 1989, which, inter alia, dismissed plaintiff’s complaint, seeking a declaration that General Business Law § 11 is unconstitutional, for failure to state a cause of action, unanimously affirmed, without costs.”
Said v. Abarn Equip. Corp., 195 Misc. 2d 451 (N.Y. App. Term. 2002). “Upon our review of the record with respect to defendant’s original motion to dismiss, it is apparent that the motion should have been granted inasmuch as the affidavit of service stated that service of process was effected on a Sunday, and it is well settled that such service is…”
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