New York Prosecutors Training Institute
NYPTI Law - NYS Statutes
ยง 1319. Service of summons. An order of attachment granted before
service is made on the defendant against whom the attachment is granted
is valid only if, within sixty days after the order is granted, a
summons is served upon the defendant or first publication of the summons
against the defendant is made pursuant to an order and publication is
subsequently completed, except that a person upon whom the order of
attachment is served shall not be liable for acting upon it as if it
were valid without knowledge of the invalidity. If the defendant dies
within sixty days after the order is granted and before the summons is
served upon him or her or publication is completed, the order is valid
only if the summons is served upon his or her executor or administrator
within sixty days after letters are issued. Upon such terms as may be
just and upon good cause shown the court may extend the time, not
exceeding sixty days, within which the summons must be served or
publication commenced pursuant to this section, provided that the
application for extension is made before the expiration of the time
fixed.
