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This entry was published on 2014-09-22
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Service of summons
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 62
§ 6213. Service of summons. An order of attachment granted before
service is made on the defendant against whom the attachment is granted
is valid only if, within sixty days after the order is granted, a
summons is served upon the defendant or first publication of the summons
against the defendant is made pursuant to an order and publication is
subsequently completed, except that a person upon whom the order of
attachment is served shall not be liable for acting upon it as if it
were valid without knowledge of the invalidity. If the defendant dies
within sixty days after the order is granted and before the summons is
served upon him or publication is completed, the order is valid only if
the summons is served upon his executor or administrator within sixty
days after letters are issued. Upon such terms as may be just and upon
good cause shown the court may extend the time, not exceeding sixty
days, within which the summons must be served or publication commenced
pursuant to this section, provided that the application for extension is
made before the expiration of the time fixed.