Legislation

Search OpenLegislation Statutes

This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 310
Personal service upon a partnership
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 3
§ 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.