New York / Service of process
New York deadline to serve the summons and complaint
In New York, the summons and complaint must be served within 120 days after the action is commenced by filing (CPLR 306-b).
Estimates based on standard New York rules and court-holiday closures; not legal advice. Confirm against your specific case, local administrative orders, and the current rules.
How the deadline works
New York commences an action by filing (CPLR 304), and CPLR 306-b then requires service within 120 days of that filing. If service is not made in time, the court must dismiss the action without prejudice as to that defendant — or, on motion, extend the time upon good cause shown or in the interest of justice.
A shorter track applies where the applicable statute of limitations is four months or less: service must then be made within 15 days after the limitations period expires. A deadline landing on a weekend or court holiday rolls to the next business day.
- Short-limitations exception Where the governing statute of limitations is four months or less, CPLR 306-b requires service within 15 days after that period expires — not 120 days.
- Extensions exist, but ask early CPLR 306-b permits an extension for good cause shown or in the interest of justice; moving before the 120 days lapse is far safer than seeking relief afterward.
Questions
- How long do I have to serve a complaint in New York?
- 120 days after the action is commenced by filing, under CPLR 306-b. If the statute of limitations is four months or less, service is due within 15 days after it expires.
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