N.Y. CPLR § 306-B

NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 306-B Service of the summons and complaint, summons with notice, orpetition with a notice of petition or order to show cause § 306-b. Service of the summons and complaint, summons with notice, orpetition with a notice of petition or order to show cause. Service ofthe summons and complaint, summons with notice, or petition with anotice of petition or order to show cause shall be made within onehundred twenty days after the commencement of the action or proceeding,provided that in an action or proceeding, except a proceeding commencedunder the election law, where the applicable statute of limitations isfour months or less, service shall be made not later than fifteen daysafter the date on which the applicable statute of limitations expires.If service is not made upon a defendant within the time provided in thissection, the court, upon motion, shall dismiss the action withoutprejudice as to that defendant, or upon good cause shown or in theinterest of justice, extend the time for service.