1. Where because of circumstances beyond the control of a party required to publish, publication required by any statute, rule or court order cannot be made or completed in the specified place or newspaper in the required manner, the court may by order require such other publication as will not unduly prejudice any other party. 2. Notwithstanding the provisions of paragraph 1, if publication required by any statute, rule or court order has been commenced and cannot be completed because of the suspension or termination of publication by a newspaper, publication may be completed in any other newspaper which complies with the statute, rule, or order without further court order.
§ 2401.Order when publication cannot be made
Article 24. Publication · Last amended 1971 · Last verified July 21, 2026
In one sentenceCPLR 2401 lets a court authorize substitute publication when circumstances beyond a party's control make it impossible to publish a required legal notice in the specified newspaper, and lets publication already begun finish in another newspaper without a further order if the original one stops.
Full Text of CPLR 2401
Plain-English Summary
Court orders, statutes, and rules sometimes require a party to publish notice in a particular newspaper or in a particular way — service by publication on a defendant who cannot be located, for instance. CPLR 2401 covers what happens when that specific plan falls apart through no fault of the party trying to comply: the newspaper folds, changes its schedule, or otherwise cannot run the notice as required, without any fault on the publishing party's part. The court may order a substitute form of publication, so long as it will not unfairly prejudice any other party.
The section also handles a narrower problem: publication that has already started but cannot finish because the newspaper itself suspends or stops publishing partway through. In that situation, a party does not need to go back to court at all — publication may continue in any other newspaper that meets the statute's, rule's, or order's requirements.
Frequently Asked Questions
What happens if the newspaper required for legal notice stops publishing?
If publication already began and the newspaper suspends or terminates before it is finished, CPLR 2401 allows the party to complete publication in any other qualifying newspaper without needing a further court order.
Can a court change where I have to publish a legal notice?
Yes. Under CPLR 2401, when circumstances beyond a party's control prevent publication in the specified place, newspaper, or manner, the court may order a different form of publication that will not unduly prejudice any other party.
Do I need a new court order if my newspaper closes mid-publication?
No. CPLR 2401(2) allows publication to be completed in a different qualifying newspaper without any additional court order when the original newspaper's suspension or termination interrupts publication already underway.
Does CPLR 2401 apply to service by publication on a missing defendant?
Yes. Any publication required by a statute, rule, or court order — including an order for service by publication — falls within CPLR 2401 if circumstances beyond the publishing party's control prevent it from being completed as originally required.
Who decides whether substitute publication is fair to the other side?
The court does. CPLR 2401 requires that any substitute publication order not unduly prejudice any other party in the action.
Advisory Committee Notes
This section replaces former CPA §§ 145, 146. It is suggested by Judge Rodenbeck’s proposed replacement for the corresponding provisions in the Throop Code. See 1 Report of the Board of Statutory Consolidation on the Simplication of the Civil Practice of New York 94 (1915).
The Rodenbeck provision read as follows: “Where publication in a specified newspaper for any reason cannot be made as provided by law, the court or a judge may designate another newspaper for such publication.” CPA §§ 145 and 146 provided an unduly complex and detailed solution to a simple problem. As early as the time of adoption of the Throop Code, Throop remarked of the predecessor of § 146 that “there is room for doubt, whether this section is any longer of practical importance” in view of “the great multiplication of newspapers in the State.” Code Civ Prac § 3293, note (Throop ed 1880). The number of newspapers is unimportant, however, if publication has been directed in a specified one. Moreover, the recent strike affecting newspapers in New York city suggests one area in which this provision would be of great importance.
It should be noted that this section applies to all publications required by law. This was probably true of the CPA sections as well, although the language of §§ 145 and 146 differed. Section 145 applied to “a notice or other proceeding . . . required by law to be published” and § 146 to “any notice, order, citation or other paper . . . required by law to be published.” Former CPA § 147, which required an affidavit of refusal to publish, has been omitted since a court order is required by this section before required publication can be excused. In order to secure the order based on refusal, an affidavit will be necessary.
Amendment History
Add, L 1962, ch 308, § 1, eff Sept 1, 1963; amd, L 1971, ch 927, § 1, eff June 25, 1971.
Source & verification. Provision text, History, and Advisory
Committee Notes are reproduced verbatim from the Consolidated Laws of New York.
Last verified July 21, 2026.
· Official source
Also known as: service by publication New York newspaper closedsubstitute publication order New Yorklegal notice publication problem New Yorkpublication cannot be completed