Nicholas J. Kauffman (Partner-New York, NY) and Jordan Meisner (Of Counsel-New York, NY) obtained the plaintiff’s voluntary discontinuance (with prejudice) of its construction product liability subrogation action that sought damages against our client rubber company of approximately $7 million plus interest after they aggressively filed a post-answer motion to dismiss the plaintiff’s complaint pursuant to CPLR §3211(a)(7) and (8) for lack of personal jurisdiction arising from improper service of process that failed to comply with New York’s BCL §306(b)(1). The plaintiff’s alleged damages arose from a leak in a hot water riser at a New York City hotel that contained our client’s elastomeric expansion joint. Nick and Jordan conducted significant due diligence and investigation and were able to proffer evidence to argue that our client was never served with the complaint. They argued that although the body of the complaint referred to our client, the caption named a non-related entity and the plaintiff could only prove service on that entity via the New York Secretary of State. Jordan’s research was critical as he found a recently decided Second Department case that was directly on point and persuaded the plaintiff that it did not have a good-faith basis to continue its action after our motion was fully briefed and submitted.