Service of the summons and complaint, summons with notice, or petition with a notice of petition or order to show cause shall be made within one hundred twenty days after the commencement of the action or proceeding, provided that in an action or proceeding, except a proceeding commenced under the election law, where the applicable statute of limitations is four months or less, service shall be made not later than fifteen days after the date on which the applicable statute of limitations expires. If service is not made upon a defendant within the time provided in this section, the court, upon motion, shall dismiss the action without prejudice as to that defendant, or upon good cause shown or in the interest of justice, extend the time for service.
§ 306-b.Service of the summons and complaint, summons with notice, or petition with a notice of petition or order to show cause.
Article 3. Jurisdiction and Service, Appearance and Choice of Court · Last amended 2026 · Last verified July 21, 2026
In one sentenceCPLR 306-b requires service of the summons within 120 days after a case is filed, or sooner if a short statute of limitations is about to run, and lets the court dismiss without prejudice or extend the deadline for good cause or in the interest of justice.
Full Text of CPLR 306-b
Plain-English Summary
Once an action or proceeding is filed, the plaintiff has 120 days to complete service of the summons and complaint, summons with notice, or petition. Cases with a short fuse get a tighter rule: if the statute of limitations is four months or less (election law proceedings are carved out), service has to happen no later than fifteen days after that limitations period runs out. That prevents a plaintiff from filing at the last moment and then sitting on a claim that would otherwise be time-barred.
Missing the deadline has a real cost. If service on a defendant isn't made in time, the court, on motion, must dismiss the action against that defendant without prejudice -- unless the plaintiff shows good cause for the delay, or the court decides an extension serves the interest of justice. Good cause looks at whether the plaintiff made a genuine effort to serve on time; the interest-of-justice standard is broader and lets a court weigh factors like the strength of the claim, prejudice to the defendant, and the length of the delay, even without a strong excuse.
Because dismissal here is without prejudice, a plaintiff who misses the window can often refile, but only if the statute of limitations still allows it. That makes the 120-day clock, running from the filing date fixed under CPLR 304, one of the more consequential deadlines in the CPLR. The section has been amended several times, most recently in 2026, so litigants should check the current effective text before relying on its exact terms.
Frequently Asked Questions
How long do I have to serve a summons after filing in New York?
120 days from the date the action or proceeding is filed, unless the applicable statute of limitations is four months or less, in which case service must happen no later than fifteen days after that limitations period expires.
What happens if I miss the 120-day deadline under CPLR 306-b?
The court, on motion, must dismiss the action against the defendant who wasn't timely served, without prejudice, unless the plaintiff shows good cause for the delay or the court grants an extension in the interest of justice.
Can a court extend the time to serve process in New York?
Yes. A court can extend the service deadline on a showing of good cause or when an extension serves the interest of justice, even without a strong excuse for the delay.
What's the difference between "good cause" and "interest of justice" extensions?
Good cause looks at whether the plaintiff made a genuine, diligent effort to serve on time. The interest-of-justice standard is broader and lets the court weigh the merits of the claim, prejudice to the defendant, and other equities even without diligence to point to.
Does CPLR 306-b apply to short statute-of-limitations cases differently?
Yes. Where the statute of limitations is four months or less, the service deadline shifts to fifteen days after that limitations period runs out, rather than the standard 120 days from filing.
Advisory Committee Notes
The Committee recommends the amendment of CPLR 306-b to correct a time of service problem that can occur when a court order extending time for filing is granted pursuant to CPLR 304.
CPLR 306-b now requires service of the summons and complaint, summons with notice, third-party summons and complaint, petition with notice of petition or order to show cause within 120 days after filing, with appropriate modifications where the statute of limitations is four months or less. With but one exception, this is fully consistent with the provision of section 304 that an action or proceeding is commenced by filing, since valid service cannot be made until the action has been commenced and that occurs upon filing.
The exception occurs when, pursuant to section 304, a court finds that circumstances prevent immediate filing and signs an order requiring the subsequent filing at a specific time and date not later than five days thereafter. In this instance it is the signing of the order, and not the filing of the pleading that commences the action or proceeding.
The section 304 exception can be and often is utilized in situations where a party requires a restraining order to prevent the occurrence of an event on a holiday, weekend or after business hours, when filing cannot occur but immediate service is critical. In this limited situation, although the action or proceeding has been commenced, service often must be made before the order can be filed. At least one court has held that under these circumstances service was ineffective because section 306-b mandates service after filing, not after commencement of the action.
A simple amendment to section 306-b to provide that service be made within 120 days “after commencement of the action or proceeding” should rectify the problem created by the section 304 exception, without having any adverse effect upon the more usual situation where the action is commenced by filing of the pleading. In either event, whether the action is commenced by filing or by the signing of an order which extends the time for filing, post commencement service will occur.
Amendment History
Add, L 1997, ch 476, § 1, eff Jan 1, 1998; amd, L 2001, ch 473, § 4, eff Nov 21, 2001; L 2011, ch 473, § 1, eff Jan 1, 2012; L 2026, ch 79, § 2, effective April 18, 2026.
Source & verification. Provision text, History, and Advisory
Committee Notes are reproduced verbatim from the Consolidated Laws of New York.
Last verified July 21, 2026.
· Official source
Also known as: 120 day service rule New Yorkextend time to serve summons New Yorkdismissal for late service New Yorkgood cause interest of justice extension CPLRNew York service deadline lawsuithow long to serve summons after filing New York