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N.Y. C.P.L.R. 306-b

Service of the summons and complaint, summons with notice, or petition with a notice of petition or order to show cause

2026-04-24

§ 306-b. Service of the summons and complaint, summons with notice, or\npetition with a notice of petition or order to show cause. Service of\nthe summons and complaint, summons with notice, or petition with a\nnotice of petition or order to show cause shall be made within one\nhundred twenty days after the commencement of the action or proceeding,\nprovided that in an action or proceeding, except a proceeding commenced\nunder the election law, where the applicable statute of limitations is\nfour months or less, service shall be made not later than fifteen days\nafter the date on which the applicable statute of limitations expires.\nIf service is not made upon a defendant within the time provided in this\nsection, the court, upon motion, shall dismiss the action without\nprejudice as to that defendant, or upon good cause shown or in the\ninterest of justice, extend the time for service.\n

Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.