N.Y. Civil Practice Law & Rules Section 306-B
Service of the summons and complaint, summons with notice, or petition with a notice of petition or order to show cause

Service of the summons and complaint, summons with notice, 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.

Source: Section 306-B — Service of the summons and complaint, summons with notice, or petition with a notice of petition or order to show cause, https://www.­nysenate.­gov/legislation/laws/CVP/306-B (updated Apr. 24, 2026; accessed Jul. 18, 2026).

301
Jurisdiction over persons, property or status 302
Personal jurisdiction by acts of non-domiciliaries 303
Designation of attorney as agent for service 304
Method of commencing action or special proceeding 305
Summons 306
Proof of service 306–A
Index number in an action or proceeding commenced in supreme or county court 306–B
Service of the summons and complaint, summons with notice, or petition with a notice of petition or order to show cause 306–C
Notice of commencement of action for personal injuries by recipient of medical assistance 306–D
Additional mailing of notice in an action arising out of a consumer credit transaction 307
Personal service upon the state 308
Personal service upon a natural person 309
Personal service upon an infant, incompetent or conservatee 310
Personal service upon a partnership 310–A
Personal service upon a limited partnership 311
Personal service upon a corporation or governmental subdivision 311–A
Personal service on limited liability companies 312
Personal service upon a court, board or commission 312–A
Personal service by mail 313
Service without the state giving personal jurisdiction 314
Service without the state not giving personal jurisdiction in certain actions 315
Service by publication authorized 316
Service by publication 317
Defense by person to whom summons not personally delivered 318
Designation of agent for service 320
Defendant’s appearance 321
Attorneys 322
Authority for appearance of attorney in real property action 325
Grounds for removal 326
Procedure on removal 327
Inconvenient forum 328
Assistance to tribunals and litigants outside the state
Green check means up to date. Up to date

Verified:
Jul. 18, 2026

Last modified:
Apr. 24, 2026

§ 306-B. Svc. of the summons & complaint, summons with notice, or petition with a notice of petition or order to show cause's source at nysenate​.gov

Link Style