Statute:

Personal service upon a partnership

ยง 310. Personal service upon a partnership. (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.

CVP 310 2014-09-22

Sections:

Article 3: JURISDICTION AND SERVICE, APPEARANCE AND CHOICE OF COURT
Section 301 Jurisdiction over persons, property or status
Section 302 Personal jurisdiction by acts of non-domiciliaries
Section 303 Designation of attorney as agent for service
Section 304 Method of commencing action or special proceeding
Section 305 Summons; supplemental summons, amendment
Section 306 Proof of service
Section 306-A Index number in an action or proceeding commenced in supreme or county court
Section 306-B Service of the summons and complaint, summons with notice, third-party summons and complaint, or petition with a notice of petition or order to show cause
Section 306-C Notice of commencement of action for personal injuries by recipient of medical assistance
Section 307 Personal service upon the state
Section 308 Personal service upon a natural person
Section 309 Personal service upon an infant, incompetent or conservatee
Section 310 Personal service upon a partnership
Section 310-A Personal service upon a limited partnership
Section 311 Personal service upon a corporation or governmental subdivision
Section 311-A Personal service on limited liability companies
Section 312 Personal service upon a court, board or commission
Section 312-A Personal service by mail
Section 313 Service without the state giving personal jurisdiction
Section 314 Service without the state not giving personal jurisdiction in certain actions
Section 315 Service by publication authorized
Section 316 Service by publication
Section 317 Defense by person to whom summons not personally delivered
Section 318 Designation of agent for service
Section 320 Defendant's appearance
Section 321 Attorneys
Section 322 Authority for appearance of attorney in real property action
Section 325 Grounds for removal
Section 326 Procedure on removal
Section 327 Inconvenient forum
Section 328 Assistance to tribunals and litigants outside the state

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