New York Divorce Lawyer J Douglas Barics Matrimonial Attorney

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NY Divorce Attorney J Douglas Barics Family Law Lawyer

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Civil Practice Law & Rules 306-b

CPLR 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



CPLR 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.




This section of the Civil Practice Law and Rules is provided as part of a free educational service by J. Douglas Barics, attorney at law for reference only. Statutes and codes such as CPLR 306-b are frequently amended, and no representation is made that the above version of CPLR 306-b is current. Updated statutes and codes may be available at the New York State Legislature Website. No statute should be relied on without understanding controlling case law which may further interpret it. An attorney should be consulted for legal advice.


If you have any questions or comments, please feel free to contact Mr. Barics at lawyer@jdbar.com or (516) 742-2600. For more articles and information, please visit www.jdbar.com.


J. Douglas Barics, Esq. – Divorce, family, matrimonial lawyer in Long Island, New York



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