Hollow v. Hollow

In Hollow v. Hollow (193 Misc 2d 691 [Sup Ct, Oswego County 2002]) upheld service upon an individual defendant by e-mail. In that case, the defendant husband had relocated to Saudi Arabia and, in fact, gloated: "There's nothing anyone can do to me here" (193 Misc 2d at 692, 747 N.Y.S.2d at 705). Attempts at in-hand service in Saudi Arabia were shown to be impracticable and possibly physically dangerous for the process server. The husband's employer refused to become involved (id.). The court in Hollow, holding that process could be served by e-mail pursuant to CPLR 308 (5), found that service directed to defendant's last known e-mail address, as well as by international registered air mail and international mail standard, was sufficient to comply with due process requirements (id. at 696). As the court in Hollow analyzed: "The defendant has, in essence, secreted himself behind a steel door, bolted shut, communicating with the plaintiff and his children exclusively through e-mail" (id. at 695-696).