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New York Civil Practice: CPLR
 
Copyright 2016, Matthew Bender & Company, Inc., a member of the LexisNexis Group.


2-306-b New York Civil Practice: CPLR 306-b.syn


Title

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

Author

David L. Ferstendig

Chapter Summary


ABSTRACT TEXT:

This chapter covers CPLR R306-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. The chapter discusses the requirement that service must be made within 120 days after filing a complaint or petition. It also provides extensive background for the 120-day requirement, noting that because filing tolls the applicable statute of limitations, the 120-day requirement is needed to give defendant notice of the filing.

The chapter discusses the requirement that a defendant must move to dismiss an action if service is not made within the 120-day period. It also explains that the plaintiff has a right to move ex parte for an extension of time to serve; and, if the defendant does move to dismiss after expiration of the 120-day period, the plaintiff has the right to cross-move for an extension based on "good cause shown" or "in the interests of justice." Finally the chapter compares New York's provision with the analogous Federal Rule of Civil Procedure, Fed. R. Civ. P. 4, pointing out the general conformity of the New York provision with the federal rule.

The chapter includes a historical appendix discussing the amendments and legislative and judicial reports relating to CPLR R306-b, references to related New York State and federal rules, and law reviews discussing CPLR R306-b.

New York Civil Practice: CPLR (more commonly known as Weinstein, Korn & Miller) is the leading treatise on New York civil procedure and litigation, and is cited frequently by New York State and Federal courts as the authority on civil practice issues. It provides in-depth analysis and interpretation of New York's Civil Practice Law and Rules (CPLR), along with expert guidance and information on common and complex procedural issues facing New York civil law practitioners.

CORE TERMS:

CPLR R 306-b,Service of Summons,Service of Complaint,Summons with Notice,Third-Party Summons,Third-Party Complaint,Petition,Notice of Petition,Order to Show Cause,120 Days,15 Days,Statute of Limitations,Toll,Notice of Filing,Motion to Dismiss,Extension of Time,Good Cause,Interests of Justice,Ex Parte

RELATED CHAPTERS: (View)

For discussion of related CPLR provisions, see CPLR 301, Jurisdiction over Persons, Property or Status; CPLR 302, Personal Jurisdiction by Acts of Nondomiciliaries; CPLR 303, Designation of Attorney As Agent for Service; CPLR R305, Summons; Supplemental Summons; Amendment; and CPLR 306, Proof of Service.

OTHER RELATED PUBLICATIONS:

For forms of motions, affidavits, affirmations, reply-affirmations, and orders for use in proceedings based on the provisions of CPLR 306-b, see Bender's Forms for Civil Practice: Civil Litigation, CPLR Article 3, Jurisdiction and Service, Appearance and Choice of Court (Matthew Bender).

For checklists, practice pointers, and practice insight relating to jurisdiction and service of process, see LexisNexis AnswerGuide New York Civil Litigation, Ch. 2, Jurisdiction and Service of Process (Matthew Bender).

For coverage of service of process in New York federal courts, see Federal Litigation Guide: New York and Connecticut, Ch. 6, Drafting the Summons and Complaint; and Ch. 8, Serving Process (Matthew Bender).
 
 
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