2012 New York Consolidated Laws
CVP - Civil Practice Law & Rules
Article 3 - (301 - R328) JURISDICTION AND SERVICE, APPEARANCE AND CHOICE OF COURT
310 - Personal service upon a partnership.


NY CPLR § 310 (2012) What's This?
 
    § 310. Personal service upon a partnership.  (a) Personal service upon
  persons conducting a business as a partnership may be made by personally
  serving the summons upon any one of them.
    (b) Personal service upon said partnership may also be made within the
  state  by delivering the summons to the managing or general agent of the
  partnership or the person in charge of the  office  of  the  partnership
  within the state at such office and by either mailing the summons to the
  partner  thereof  intended  to be served by first class mail to his last
  known residence or to the place of business of the partnership. Proof of
  such service shall be filed within twenty days with  the  clerk  of  the
  court  designated  in  the  summons;  service shall be complete ten days
  after such filing; proof of service shall identify the  person  to  whom
  the  summons  was so delivered and state the date, time of day and place
  of service.
    (c) Where service under subdivisions  (a)  and  (b)  of  this  section
  cannot  be made with due diligence, it may be made by affixing a copy of
  the summons to  the  door  of  the  actual  place  of  business  of  the
  partnership  within the state and by either mailing the summons by first
  class mail to the partner intended to be so served to such person to his
  last known residence or to said person at the office of said partnership
  within the state. Proof of such service shall  be  filed  within  twenty
  days  thereafter  with the clerk of the court designated in the summons;
  service shall be complete ten days after filing.
    (d)  Personal  service  on  such  partnership  may  also  be  made  by
  delivering the summons to any other agent or employee of the partnership
  authorized  by  appointment  to  receive service; or to any other person
  designated by the partnership to receive process in  writing,  filed  in
  the  office  of  the  clerk  of  the  county wherein such partnership is
  located.
    (e) If service is impracticable under subdivisions (a), (b) and (c) of
  this section, it may be made in such manner as the  court,  upon  motion
  without notice directs.

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