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Roger
Roger, Lawyer
Category: Real Estate Law
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How after I file a complaint do I have to personally serve

Customer Question

How long after I file a complaint do I have to personally serve the party. What if I miss that date?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Roger replied 1 year ago.

Hi - my name is ***** ***** I'll be glad to assist.

NY Civil Practice Rule 2-306 says that you have 120 days from the date the complaint is file to serve the person. Here's a link to the rule: https://litigation-essentials.lexisnexis.com/webcd/app?action=DocumentDisplay&crawlid=1&doctype=cite&docid=2-306-b+New+York+Civil+Practice%3A+CPLR+306-b.syn&srctype=smi&srcid=296B&key=49fff3fb0a891fcf814bc8ff7bc4e13b

IF you're not going to be able to serve the person within that time, you can file a motion with the court and ask for an order granting you an extension of time to get the person served.

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