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New York · Through 2026-09-11

N.Y. Civil Practice Law & Rules § 310: Personal service upon a partnership

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Where this section sits in the code
  1. Civil Practice Law & Rules
  2. Article 3. Jurisdiction and Service, Appearance and Choice of Court

§ 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.

Collected 2026-09-14T19:32:44Z. Source file · JSON

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