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§ 310.Personal service upon a partnership.

Article 3. Jurisdiction and Service, Appearance and Choice of Court · Last amended 1991 · Last verified July 21, 2026

In one sentenceCPLR 310 lets a partnership be served by serving any one partner directly, or by delivering to the firm's managing agent or office-in-charge person plus mailing to a partner, with an affix-and-mail fallback and a court-ordered method as a last resort.

Full Text of CPLR 310

Text sizeJump to: (a) (b) (c) (d) (e)

(a) Personal service upon persons conducting a business as a partnership may be made by personally serving the summons upon any one of them.
(b) Personal service upon said partnership may also be made within the state by delivering the summons to the managing or general agent of the partnership or the person in charge of the office of the partnership within the state at such office and by either mailing the summons to the partner thereof intended to be served by first class mail to his last known residence or to the place of business of the partnership. Proof of such service shall be filed within twenty days with the clerk of the court designated in the summons; service shall be complete ten days after such filing; proof of service shall identify the person to whom the summons was so delivered and state the date, time of day and place of service.
(c) Where service under subdivisions (a) and (b) of this section cannot be made with due diligence, it may be made by affixing a copy of the summons to the door of the actual place of business of the partnership within the state and by either mailing the summons by first class mail to the partner intended to be so served to such person to his last known residence or to said person at the office of said partnership within the state. Proof of such service shall be filed within twenty days thereafter with the clerk of the court designated in the summons; service shall be complete ten days after filing.
(d) Personal service on such partnership may also be made by delivering the summons to any other agent or employee of the partnership authorized by appointment to receive service; or to any other person designated by the partnership to receive process in writing, filed in the office of the clerk of the county wherein such partnership is located.
(e) If service is impracticable under subdivisions (a), (b) and (c) of this section, it may be made in such manner as the court, upon motion without notice directs.

Plain-English Summary

Subdivisions (a) and (b) give two core routes for serving a partnership. The simplest is personally serving any one of the partners. The second reaches the firm's own office: delivering the summons within the state to the partnership's managing or general agent, or to the person in charge of its office, at that office, and then mailing a copy by first class mail to the partner meant to be served, either at that partner's last known residence or at the partnership's place of business. Proof of that service must be filed within twenty days, and service is complete ten days after filing, with the proof identifying who received the summons and the date, time, and place of delivery.

Subdivision (c) supplies an affix-and-mail fallback for when due diligence shows the first two methods can't be completed: affixing a copy of the summons to the door of the partnership's actual place of business, then mailing it to the partner meant to be served, either at that partner's last known residence or at the partnership's office, with the same twenty-day filing rule and ten-day completion delay.

Subdivision (d) opens a further route -- delivery to any other agent or employee the partnership has authorized by appointment to accept service, or to anyone the partnership has designated in a signed writing filed with the county clerk where the partnership is located. And subdivision (e) gives a court the power to direct another method entirely, on motion without notice, if service is impracticable under all the methods that come before it.

Frequently Asked Questions

How do you serve a partnership with a lawsuit in New York?

By personally serving any one of the partners, or by delivering the summons to the partnership's managing or general agent (or the person in charge of its office) at its office and mailing a copy to a partner.

Can you serve just one partner to bind the whole partnership?

Yes. Subdivision (a) allows service on the partnership by personally serving any one of the partners conducting the business.

What if the partnership's office can't be found for service?

If service under the standard methods can't be made with due diligence, subdivision (c) allows affixing a copy of the summons to the door of the partnership's actual place of business and mailing a copy to a partner.

Who counts as a "managing or general agent" for partnership service?

The statute doesn't define the term with a checklist; it refers to whoever manages the partnership's affairs or its office with enough authority that delivering the summons there is fair notice to the firm.

Is there a fallback for serving a partnership if delivery isn't possible?

Yes. Subdivision (e) lets a court direct an alternate manner of service, on motion without notice, if service is impracticable under the methods in subdivisions (a) through (c).

Advisory Committee Notes

This section is derived from the second sentence of CPA § 222-a. The first sentence of § 222-a has been incorporated into new CPLR § 1025. The remainder of § 222-a, dealing with the effect of a judgment in an action against a partnership sued in the partnership name, is considered with the judgment articles. No express provisions equivalent to CPA § 223 (service of summons on partnership using name of deceased person) has been included, because the matter is covered by new CPLR § 1025. Cf. Part L § 80(3).

Amendment History

Add, L 1962, ch 308, § 1, eff Sept 1, 1963; amd, L 1991, ch 338, § 1, eff July 15, 1991.

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
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