S T A T E   O F   N E W   Y O R K
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                                      9186
                              I N  A S S E M B L Y
                                February 3, 1998
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    Introduced by M. of A. LUSTER -- read once and referred to the Committee
      on Codes
    AN ACT to amend the civil practice law and rules, in relation to service
      of a summons in certain foreign countries
      The  People of the State of New York, represented in Senate and Assem-
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    bly, do enact as follows:
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 1    Section 1. Section 306-b of the civil practice law and rules, as added
 2  by chapter 476 of the laws of 1997, is amended to read as follows:
 3     306-b. Service of the summons and complaint, summons with notice, or
 4  of the third-party summons and complaint.   (a) Service of  the  summons
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 5  and  complaint,  summons  with notice, or of the third-party summons and
 6  complaint shall be made within  one  hundred  twenty  days  after  their
 7  filing,  provided  that  in an action or proceeding where the applicable
 8  statute of limitations is four months or less, service shall be made not
 9  later than fifteen days after the date on which the  applicable  statute
10  of limitations expires.
11    (b) Notwithstanding the provisions of subdivision (a) of this section,
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12  if service occurs in a country which is not subject to the provisions of
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13  the Hague Convention relating to service of process, or which objects to
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14  any use or methods of service provided in such convention, service shall
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15  be made within three hundred sixty-five days after filing.
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16    (c)  If  service is not made upon a defendant within the time provided
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17  in this section, the court, upon motion, shall dismiss the action  with-
18  out  prejudice  as to that defendant, or upon good cause shown or in the
19  interest of justice, extend the time of service.
20     2. This act shall take effect immediately and shall apply  to  civil
21  causes of action filed on or after such effective date.
     EXPLANATION--Matter in italics (underscored) is new; matter in brackets
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                          [ ] is old law to be omitted.
                                                               LBD13272-01-8