Court Grants Motion For Service By Email

Posted: July 16, 2025 / Written by: Jeffrey M. Eilender, Thomas A. Kissane, Samuel L. Butt, Joshua Wurtzel, Channing J. Turner / Category Commercial

Court Grants Motion For Service By Email

On June 18, 2025, Justice Joel M. Cohen granted Plaintiff’s motion for an extension of time to complete service of process under the Hague Convention and granted leave to serve Defendants by email in Society Pass Incorporated v. Xperx AI PTE Ltd d/b/a GrowthHero et al., Index No. 652442/2023. As to email service, the Court explained:

"Under New York law, service by email on foreign defendants is also a permissible means of service, consistent with due process and not prohibited by the Hague Convention, where the methods prescribed by or compatible with the law of defendants' country have proved ineffective" (Korea Deposit Ins. Corp. v Jung, 59 Misc 3d 442, 446 [Sup Ct 2017], citing Alfred E. Mann Living Tr. v ETIRC Aviation S.a.r.l., 78 AD3d 137, 141 [1st Dept 2010]). However, a litigant must show that email service can be “reasonably calculated under the circumstances to apprise defendant of the action" (NMR E-Tailing LLC v Oak Inv. Partners, 216 AD3d 572, 572 [1st Dept 2023]; Baidoo v Blood-Dzraku, 48 Misc 3d 309, 312 [Sup Ct 2015]).

Here, the same factors that “previously mandated an extension of time to serve” Defendants “in the interests of justice also mandate an alternative method of service in the interests of elemental fairness” (Korea Deposit Ins. Corp., 59 Misc 3d 447). Society Pass has attempted to serve Defendants under the Hague Convention through an international service agent for over a year. Those efforts have not been successful for reasons beyond Society Pass’ control. In addition to showing that Hague Convention service is impracticable, Society Pass has demonstrated that email service can be reasonably calculated to apprise O’Connor (and through him the other Defendants) of this action. O’Connor, who is a plaintiff in an action against Society Pass pending in this Court) has testified during a deposition that he uses the three email addresses through which Society Pass seeks to effectuate service. In one instance, O’Connor’s counsel copied O’Connor on an email he sent to Society Pass, using one of those three email addresses. Having established that Hague Convention service was impracticable and that alternative service by email would be reasonably calculated to apprise Defendants of this action, Society Pass is authorized to serve O’Connor by email.

Contact the Commercial Division Blog Committee at commercialdivisionblog@schlamstone.com if you or a client have questions concerning service.