Result

05.23.2018
• ADM's Timothy Tuttle Obtains Dismissal in Case Involving Claims of Defective Automobile Maintenance

Timothy Tuttle, an associate in ADM’s Hopewell Junction office, recently obtained a dismissal in Rockland County.  The Plaintiff, a Rockland County resident, traveled to our client’s New Jersey dealership to have his vehicle serviced on a number of occasions.  A replacement steering shaft was put in his vehicle in 2011.  In 2014, he was involved in a 3-car accident in Rockland County, striking the second vehicle in the rear.  He sued his car’s manufacturer, the insured dealership, and the two other vehicle owners/drivers.  As to the our client (the dealership), the claim was that we placed a faulty steering shaft in the vehicle, causing his steering to lock up and resulting in the underlying collision 

Mr. Tuttle moved to dismiss for lack of long-arm jurisdiction under CPLR 302, and on the basis that the insured was not properly served under BCL 307.   The Court granted the motion to dismiss, finding that there was no basis to assert long arm jurisdiction.  Further, even if there were a basis, dismissal was still required due to plaintiff failing to follow the specific steps laid out in BCL 307 for serving an unregistered foreign corporation.