Service of summons · as in force on May 31, 2026
§ 6213. 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 publication is completed, the order is valid only if the summons is served upon his 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.
An attachment order issued before the defendant is served remains valid only if the summons is served, or court-ordered publication begins and is later completed, within 60 days after the attachment order. ★ If the defendant dies during that period before service or completed publication, the summons must be served on the executor or administrator within 60 days after letters issue. On good cause and just terms, the court may grant an extension of up to 60 days, but the request must be made before the existing deadline expires. An unaware recipient is protected for acting on an invalid order as though valid.
Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.
This provision appears in Volume 1 — The Court Clerk in Plain English; Volume 2 — The Court Clerk: Civil Practice Law and Rules; Volume 1 — Your Career: Civil Practice in Plain English.