What happens if proper service is not made within the required time frame?

Study for the NYLE Civil Practice and Procedure Test. Prepare with multiple choice questions and detailed explanations. Ace your exam with confidence!

If proper service is not made within the required time frame, the appropriate consequence is that the action is dismissed without prejudice. This means that the case can be refiled in the future, as the dismissal does not prevent the plaintiff from pursuing their claims again, provided they correct the service issue.

The requirement for timely service is critical to ensure that a defendant is properly informed of the legal action against them, which is a fundamental aspect of due process. If service is not completed correctly or within the designated period, the court lacks jurisdiction over the defendant, leading to the dismissal of the case.

In contrast, a dismissal with prejudice would bar the plaintiff from refiling the action, which is not the case here. The court granting summary judgment relates to situations where there is no genuine dispute of material fact, which typically occurs after service has been properly made and the case is already before the court. Lastly, losing the right to appeal is not a typical consequence of failing to effectuate proper service; a plaintiff maintains their right to appeal regarding specific rulings even if the case is dismissed without prejudice.

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