Douglas Connors (Partner-Stamford) and Matthew Valauri (Associate-Stamford) obtained a dismissal in the New York State Supreme Court for the County of Westchester, in a lawsuit brought against our client, a Canadian domiciliary driving her personal auto in the United States, by the injured driver and her four passengers involved in a rear-end auto collision. The plaintiffs’ first suit was abandoned for failure to timely serve the defendant and the second was filed shortly before the expiration of the three-year statute of limitations. The plaintiffs only made one attempt at serving the insured more than 7 months after the 120-day period within which they were to have effectuated service of the Summons, for an extension of time to serve the defendant. Douglas and Matthew argued that the plaintiff's failure to timely serve and delays in requesting an extension of time to effectuate service were fatal and that the motion should be denied. The Court agreed, denying Plaintiffs' motion, which will likely result in the dismissal of the lawsuit, eliminating the adult plaintiffs' claims because of the lapse of the three-year statute of limitations. The minor children’s claims on the other hand will continue to be tolled by their infancy until they reach the age of 18.