2013 New York Consolidated Laws
CVP - Civil Practice Law & Rules
Article 3 - (301 - R328) JURISDICTION AND SERVICE, APPEARANCE AND CHOICE OF COURT
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.


NY CPLR § 306-B (2012) What's This?
 
    §  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 commencement of the action or proceeding,
  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.

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