In 2018, the Appellate Division Third Department upheld the dismissal of plaintiff’s case obtained by Partner, Stuart Glass. The appellate brief, authored by appellate counsel, Nancy Lewis reiterated the arguments set forth in the underlying motion to dismiss plaintiff’s complaint based on their failure to properly serve the defendants with a summons and complaint. Lewis demonstrated on appeal that the lower court acted in their discretion in dismissing the case.
As a matter of course, dismissals via Traverse Hearings are difficult to obtain and the testimony of a process server generally provides the predicate to allow the service to stand. Here, both the lower court and Appellate Court commented that the deciding factor in dismissing the case was Mr. Glass’s cross examination of the plaintiff’s witnesses.
A copy of the decision can be found here: