On June 18, 2025, Justice Cohen of the New York County Commercial Division issued a decision in Society Pass Inc. v. Xperx AI Pte Ltd, 2025 NY Slip Op. 32230(U), authorizing service of foreign defendants who could not be located for service under the Hague Convention to be served by e-mail, explaining:
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. However, a litigant must show that email service can be reasonably calculated under the circumstances to apprise defendant of the action.
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. 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.
(Internal quotations and citations omitted).