Welch and Kruglyak Obtain Pre-Answer Dismissal of a Complaint

August 9, 2016 | Insurance Coverage

Michael P. Welch and Viktoriya Kruglyak obtained a pre-answer dismissal of a complaint brought against our clients, an insurer and agent, based on the plaintiff’s failure to timely serve the action and the complaint pursuant to CPLR 306-b and CPLR 3012(b).  The court denied the plaintiff’s cross motion to extend his time to serve the action on all defendants, as well as the complaint, holding that plaintiff failed to show good cause in attempting to effectuate service of process and failed to submit an affidavit of merit in support of the action.

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