§ 310.Personal service upon a partnership.
Article 3. Jurisdiction and Service, Appearance and Choice of Court · Last amended 1991 · Last verified July 21, 2026
Full Text of CPLR 310
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.