CPLR 1319 — Legislation

Legislation Search OpenLegislation Statutes Search Term Search icon Search previous SECTION 1318 Motion papers; filing; demand; damages up ARTICLE 13-A Proceeds of a Crime-forfeiture next SECTION 1320 Levy upon personal property by service of order Viewing most recent revision (from 2014-09-22) View historical revision as of: -- Choose a Date -- 2014-09-22 Share Facebook Email SECTION 1319 Service of summons Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 13-A § 1319. 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 her or publication is completed, the order is valid only if the summons is served upon his or her 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.