MMP&S Secures Pre-Answer Motion to Dismiss in E&O Case

In Thomas v. Hand in Hand Family Services, Justice Toussaint in Supreme Court, Kings County, New York granted our motion to dismiss an Article 78 petition seeking six-figure damages and a mother’s return of her son’s files and records from the respondent agencies, who provided services for the developmentally disabled. The claimant alleged that the respondent agencies, including our client, a not-for-profit human services agency, was responsible for releasing confidential information. We moved to dismiss on the basis that it was past the statute of limitations, the claimant had no legal right to the relief sought, and claimant did not suffer an injury. Despite opposition we successfully argued to the Court that the claimant sought relief for an injury that she hadn’t yet suffered. In issuing its decision, the Court agreed with our position and the petition was dismissed in its entirety against our client.

Practice Area

Directors & Officers