STORY FROM: Superstorm Sandy Insurance Litigation
Failure to Timely Effectuate Service Proves Fatal to Policyholder’s Sandy Coverage Action
October 29, 2015
MINEOLA, N.Y. — A plaintiff’s failure to effectuate service on his homeowners insurer in a Superstorm Sandy coverage case warrants dismissal of the action, a New York judge has ruled, finding the plaintiff “has failed to establish any justification for an extension of time.”
On Oct. 19, Judge Jerome B. Murphy of the Nassau County Supreme Court concluded that the interests of justice do not require an extension of time for service of process nunc pro tunc.
On Nov. 12, 2014, John Genega filed a handwritten complaint against State Farm Fire & Casualty Co., asserting that his house sustained damage ...