Giacomo Jacques BeharImmigration AttorneySan Diego, CACA licensed ·
The statute of limitations in NY state is 3 years. You can move to dismiss a claim against you on the basis of improper service. The plaintiff will seek to "serve" you again, however, and might ultimately be successful in properly serving you. It is not a good idea to try to evade service of process.
Dear Bayside Defendant:
If you are a defendant in a personal injury claim provide notice to your insurance company so that your insurance will provide a legal defense to the claims in the lawsuit. Motions to dismiss upon a ground of improper service exist due to the CPLR. While you learn about the motion to dismiss for lack of personal jurisdiction you should determine other grounds available to dismiss a complaint as provided at CPLR 3211.
Read more here: http://nysbar.com/blogs/nybusinesslitigation/2011/07
/motions_to_dismiss_in_new_york.html
You may also choose to answer the complaint and make a motion for summary judgment in the time required if you raise a defense based on a lack of personal jurisdiction.
Michael B. SchulmanLitigation LawyerMelville, NY ·
The statute of limitations in a personal injury action is 3 years. If service was improper, the case can be dismissed. In all likelihood, the court will order a hearing to be satisfied that service was improper. You should also be aware if the case is dismissed for improper service, it can be refiled. If it is refiled within the 3 year statute of limitations and service is proper the second time, the case will go forward. In either case, you should turn over all papers you receive to your insurance company. If you don't turn the papers over and give the insurance company timely notice of the accident, they could disclaim coverage which means you will not have the insurance to cover you or an attorney to represent you.