John Grisafi and Eleni Moukas prevailed on a motion to dismiss, obtaining a full dismissal of all claims against our client based upon Plaintiffs’ failure to properly effectuate service of process and their failure to comply with the requirements of New York’s CPLR § 308(2).

MMP&S successfully argued that Plaintiffs had failed to exhaust the permissible methods of service under CPLR § 308 and could not establish good cause or reasonable diligence warranting an extension of time under CPLR § 306-b. We also opposed Plaintiffs’ attempt to rely on CPLR §308(5), as they had not demonstrated that the other methods of service had been exhausted. Additionally, we filed a Notice of Rejection challenging Plaintiffs’ improper Affirmation in Further Support of their Cross-Motion and advised the court that the additional submission was procedurally improper absent leave of court.

We further clarified that a carrier’s letter denying liability was not a denial of insurance coverage, as Plaintiffs had incorrectly characterized it. The distinction was significant because the letter addressed the carrier’s position regarding liability for the underlying claim and did not constitute a disclaimer or denial of coverage. The Court agreed with our position, finding that Plaintiffs failed to establish proper service, granting Defendants’ motion pursuant to CPLR § 3211(a)(8), and denying Plaintiffs’ cross-motion in its entirety.

Practice Area: Auto & Transportation