Partner John V. Wynne Successfully Obtains Dismissal on behalf of Firm’s NYC Transportation Client

Barry McTiernan & Moore successfully obtained a dismissal of a lawsuit, where plaintiff’s counsel incorrectly pleaded the date of loss in the notice of claim and complaint against the firm’s client, MTA Bus Company. In this otherwise unreported accident, plaintiff’s counsel sought leave of the court to amend the pleadings to assert the correct date of loss more than two years after filing the initial complaint, and after most of the discovery had been completed. In opposition, BMM argued that when reviewing the data from the plaintiff's MetroCard, there was no proof of presence on the bus, and therefore the ability to conduct a meaningful investigation was denied to the client. Plaintiff's attempt to correct the pleadings more than two years later severely prejudiced the client's ability to investigate the claim within a reasonable period of time after the date of loss as required by Public Authorities Law. Following the court’s denial of plaintiff’s motion, Partner John V. Wynne then moved for dismissal of the complaint, which was granted in our client’s favor.