New York CPLR 313
In RCA Corp. v. American Standards Testing Bureau, Inc., 121 A.D.2d 890, 503 N.Y.S.2d 805 [1st Dept 1986], the non-movant asserted, inter alia, an affirmative defense of breach of warranty, and the Court determined the contents of the non-movant's answer and affidavit were insufficient to create an issue of fact.
CPLR 313 provides the available methods for service on nonresidents served outside the state. CPLR 313 provides in relevant part:
"A person ... subject to the jurisdiction of the courts of the state under section 301 or 302, ... may be served with the summons without the state, in the same manner as service is made within the state, by any person authorized to make service within the state who is a resident of the state or by any person authorized to make service by the laws of the state ... in which service is made or by any duly qualified attorney ... or equivalent in such jurisdiction."
Under CPLR 3211(e), "an objection that the summons and complaint ... was not properly served, is waived if, having raised such an objection in a pleading, the objecting party does not move for judgment on that ground within sixty days after serving the pleading, unless the court extends the time upon the ground of undue hardship."