(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.
Structure New York Laws
CVP - Civil Practice Law and Rules
Article 3 - Jurisdiction and Service, Appearance and Choice of Court
301 - Jurisdiction Over Persons, Property or Status.
302 - Personal Jurisdiction by Acts of Non-Domiciliaries.
303 - Designation of Attorney as Agent for Service.
304 - Method of Commencing Action or Special Proceeding.
R305 - Summons; Supplemental Summons, Amendment.
306-A - Index Number in an Action or Proceeding Commenced in Supreme or County Court.
306-C - Notice of Commencement of Action for Personal Injuries by Recipient of Medical Assistance.
306-D - Additional Mailing of Notice in an Action Arising Out of a Consumer Credit Transaction.
307 - Personal Service Upon the State.
308 - Personal Service Upon a Natural Person.
309 - Personal Service Upon an Infant, Incompetent or Conservatee.
310 - Personal Service Upon a Partnership.
310-A - Personal Service Upon a Limited Partnership.
311 - Personal Service Upon a Corporation or Governmental Subdivision.
311-A - Personal Service on Limited Liability Companies.
312 - Personal Service Upon a Court, Board or Commission.
312-A - Personal Service by Mail.
313 - Service Without the State Giving Personal Jurisdiction.
314 - Service Without the State Not Giving Personal Jurisdiction in Certain Actions.
315 - Service by Publication Authorized.
R316 - Service by Publication.
317 - Defense by Person to Whom Summons Not Personally Delivered.
R318 - Designation of Agent for Service.
R320 - Defendant's Appearance.
R322 - Authority for Appearance of Attorney in Real Property Action.
R328 - Assistance to Tribunals and Litigants Outside the State.