Key Takeaway
New York court ruling shows how proper re-service during pending motion can cure jurisdictional defects and save plaintiff's case from dismissal.
Understanding Jurisdictional Defects and the Power of Re-Service
Personal jurisdiction forms the foundation of any civil lawsuit. When a defendant challenges jurisdiction by filing a motion to dismiss, plaintiffs face a critical decision: fight the motion or cure the defect through proper service. The case of Wilmington Trust, N.A. v Pape demonstrates how strategic re-service can effectively neutralize jurisdictional challenges and keep litigation on track.
In New York civil practice, jurisdictional defenses can derail cases early if service of process was defective. However, CPLR 311-a provides plaintiffs with a powerful remedy—the ability to cure service defects through proper re-service, even while a motion to dismiss is pending. This procedural tool can transform what appears to be a losing position into a winning strategy.
The timing of re-service becomes crucial when defendants challenge jurisdiction. Unlike situations where defendants make strategic missteps that waive their jurisdictional defenses, proper re-service under CPLR 311-a allows plaintiffs to proactively address service problems without relying on defendant errors.
Jason Tenenbaum’s Analysis:
Wilmington Trust, N.A. v Pape, 2019 NY Slip Op 01449 (2d Dept. 2019)
I remember as a younger lawyer serving pro-se Defendants in Civil Court, Queens County after the Defendant moved to dismiss for failure to obtain personal jurisdiction. and we were never going to bring the process server down for a traverse hearing. Oh classic.
” Moreover, the plaintiff’s re-service of the summons and verified complaint pursuant to CPLR 311-a during the pendency of the defendant’s motion to dismiss obviated the defendant’s jurisdictional objection”
Key Takeaway
Re-service under CPLR 311-a can cure jurisdictional defects even while a motion to dismiss is pending. This procedural remedy allows plaintiffs to bypass potentially problematic traverse hearings regarding service and neutralize jurisdictional challenges through proper service. Understanding this option can save cases that might otherwise be dismissed for service defects.
