State Codes and Statutes

Statutes > New-york > Cvp > Article-3 > 306-b

§  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.

State Codes and Statutes

Statutes > New-york > Cvp > Article-3 > 306-b

§  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.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Cvp > Article-3 > 306-b

§  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.