Courtroom Success 2015-9: New York Partner Brian Heermance and Associate Namita Mehta

New York Partner Brian Heermance and Associate Namita Mehta recently obtained a judgment dismissing the complaint in a dental malpractice action. The court granted the motion due to plaintiff’s misnaming the insured and lack of service. The court found that the plaintiff failed to put the insured on notice that a claim was being made against her. Additionally, the insured was no longer working at the address where the summons and complaint were left and no mailing was made in compliance with CPLR 308.