Case: Improper Service
Counsel: Dennis Monaco and Amos Brunson
Result: Motion to Dismiss Granted in Favor of Insurance Company
A New York based plaintiff sought to collect no Fault Benefits and Attorneys’ fees in relation to a motor vehicle accident. According to plaintiff’s Complaint, the plaintiff served our client at an address located in New Jersey. However, our client never operated at that location. As such, service was never effectuated on our client and subsequently the one hundred and twenty (120) days in which the plaintiff had to serve our client expired. Further, our client did not write insurance policies within the State of New York, therefore the Court lacked jurisdiction over our client. MSD applied for an Order dismissing the action for lack of proper service and lack of jurisdiction. The Court subsequently granted the motion finding that it did not have personal jurisdiction over our client based on improper service of process.