§ 310 — Personal service upon a partnership

New York § 310

• Jurisdiction: New York
• Law CVP: Civil Practice Law & Rules
• Art. 3: Jurisdiction and Service, Appearance and Choice of Court

Text

§ 310. Personal service upon a partnership. (a) Personal service upon\npersons conducting a business as a partnership may be made by personally\nserving the summons upon any one of them.\n (b) Personal service upon said partnership may also be made within the\nstate by delivering the summons to the managing or general agent of the\npartnership or the person in charge of the office of the partnership\nwithin the state at such office and by either mailing the summons to the\npartner thereof intended to be served by first class mail to his last\nknown residence or to the place of business of the partnership. Proof of\nsuch service shall be filed within twenty days with the clerk of the\ncourt designated in the summons; service shall be complete ten days\nafter such filing; proof of service shall identify the person to whom\nthe summons was so delivered and state the date, time of day and place\nof service.\n (c) Where service under subdivisions (a) and (b) of this section\ncannot be made with due diligence, it may be made by affixing a copy of\nthe summons to the door of the actual place of business of the\npartnership within the state and by either mailing the summons by first\nclass mail to the partner intended to be so served to such person to his\nlast known residence or to said person at the office of said partnership\nwithin the state. Proof of such service shall be filed within twenty\ndays thereafter with the clerk of the court designated in the summons;\nservice shall be complete ten days after filing.\n (d) Personal service on such partnership may also be made by\ndelivering the summons to any other agent or employee of the partnership\nauthorized by appointment to receive service; or to any other person\ndesignated by the partnership to receive process in writing, filed in\nthe office of the clerk of the county wherein such partnership is\nlocated.\n (e) If service is impracticable under subdivisions (a), (b) and (c) of\nthis section, it may be made in such manner as the court, upon motion\nwithout notice directs.\n