NYLE Civil Practice and Procedure Test 2025 – Complete Exam Prep

Question: 1 / 400

How must service upon a partnership be executed according to CPLR 310?

By serving all partners simultaneously

By serving the managing or general agent

The correct approach to serving a partnership under CPLR 310 is by serving the managing or general agent. This provision recognizes that a partnership operates as a collective entity and that a designated representative, typically the managing partner or general agent, has the authority to accept service on behalf of the partnership. This method is efficient and ensures that the partnership is properly notified of legal proceedings without needing to serve each partner individually, which could complicate the process and lead to delays.

Effective service on the managing or general agent means that the partnership is held accountable for the actions taken by its representatives, aligning with principles of agency law. Thus, it facilitates judicial efficiency while ensuring that the partnership cannot evade service due to the absence of individual partners.

In contrast, serving all partners simultaneously is not required, as it is sufficient to serve through the designated agent. Mailing to the corporate headquarters only would not guarantee proper legal notification since it may not reach the appropriate individuals, and publishing notice in local newspapers does not meet the statutory requirement for personal service directed towards the partnership or its authorized representatives.

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By mailing to the corporate headquarters only

By publishing notice in local newspapers

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