Under the Non-Resident Motorist Statute, how is service effectuated?

• A. Posting at the courthouse
• B. Mailing one copy to NY Secretary of State and one to the defendant's residence
• C. Personal service on the driver at the scene
• D. Service by publication

Answer: (B)

When a driver who lives outside the state is involved in a New York motor vehicle incident, the system uses a specific notice route to ensure they’re informed. The Non-Resident Motorist Statute allows service by mailing a copy of the summons and complaint to two places: the defendant’s last known residence and the New York Secretary of State. The Secretary of State acts as an agent to receive the process on behalf of nonresident motorists, so mailing to both destinations reasonably ensures the defendant gets actual notice even if they aren’t physically present in New York. This method satisfies due process by providing reliable notice through official channels, rather than relying on informal methods. Posting at a courthouse, serving the driver at the scene, or publishing notice are not the methods established by this statute for nonresident motorists.