(b) Service. The summons can be served only by an officer authorized
by law to collect upon an execution issued out of the same court. The
summons cannot be countermanded by the plaintiff before service.
Immediately after it has been served, the officer shall file it with his
certificate of service with the judge who issued it or with the clerk of
the court.
(c) Action not barred by collusive recovery. The plaintiff may
recover, notwithstanding the recovery of a judgment, for or against the
defendant, in an action brought by another person, if the former
judgment was recovered collusively and fraudulently.
Structure New York Laws