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New York Civil Practice Law and Rules 306-b - Service Of The Summons And Complaint, Summons With Notice, Third-party Summons And Complaint, Or Petition With A Notice Of Petition Or Order To Show C

Legal Research Home > New York Lawyer > Civil Practice Laws and Rules > New York Civil Practice Law and Rules 306-b - Service Of The Summons And Complaint, Summons With Notice, Third-party Summons And Complaint, Or Petition With A Notice Of Petition Or Order To Show C

    § 306-b.  Service  of the summons and complaint, summons with notice,
  third-party summons and complaint, or petition with a notice of petition
  or order to show cause. Service of the summons  and  complaint,  summons
  with  notice,  third-party  summons  and  complaint,  or petition with a
  notice of petition or order to show  cause  shall  be  made  within  one
  hundred  twenty  days  after  the  filing  of the summons and complaint,
  summons with notice, third-party summons  and  complaint,  or  petition,
  provided  that in an action or proceeding, except a proceeding commenced
  under the election law, where the applicable statute of  limitations  is
  four  months  or less, service shall be made not later than fifteen days
  after the date on which the applicable statute of  limitations  expires.
  If service is not made upon a defendant within the time provided in this
  section,  the  court,  upon  motion,  shall  dismiss  the action without
  prejudice as to that defendant, or upon  good  cause  shown  or  in  the
  interest of justice, extend the time for service.

Last modified: July 31, 2006