He avers that after receiving a confirmatory email from inSync on that his request for service would be processed, he never received any communication that there was a problem with service, and he presumed that inSync had served both Koledin and the City of New York in the underlying action. In opposition to inSync's motion to dismiss, Agulnick disputes the authenticity and veracity of the documentation submitted by inSync. Those documents fail to make any mention of whether inSync made any attempt to serve the City of New York in the underlying action, as requested by Agulnick. In support of its motion to dismiss, inSync offers barely decipherable, self-generated records, which indicate that the papers in the underlying action were sent back to Agulnick when inSync was unable to make service on Michael Koledin, the individual defendant in the underlying action. The documentary evidence must utterly refute the factual allegations in the complaint, resolve all factual issues as a matter of law and conclusively dispose of the claims at issue (Yue Fung USA Enters., Inc. A complaint may be dismissed based upon documentary evidence, pursuant to CPLR 3211(a)(1), only if the factual allegations contained in the complaint are definitively contradicted by the evidence submitted or if the evidence conclusively establishes a defense (Yew Prospect v Szulman, 305 AD2d 588 Sta-Brite Servs., Inc.
The complaint asserts a cause of action for negligence and a cause of action for breach of contract.ĭefendant contends that documentary evidence directly contradicts the allegations of plaintiffs' complaint. The complaint concludes that plaintiffs have been damaged because the underlying action could not be pursued due to the expiration of the statute of limitations after inSync failed to make service. The complaint further alleges that inSync accepted the job, but failed to serve the papers as requested and never had any further communication with Agulnick. al., Supreme Court, Queens County, Index Number 703219/2014 (the underlying action). The complaint alleges that Agulnick engaged InSync to serve a summons and complaint on behalf of Butler upon two of the defendants in Butler v the City of New York, Koledin, et. Plaintiffs commenced this action with the electronic filing of a summons and complaint on December 18, 2015. Plaintiffs, Deshon Butler (Butler) and Peter M. Notice of Motion, Affidavits (Affirmations), Exhibits Annexed 1ĭefendant, inSync Litigation Support, LLC (inSync), moves for an order, pursuant to CPLR 3211(a)(1) and (7), dismissing the complaint. The following papers were read on this motion: Papers Numbered InSync Litigation Support, LLC, Defendant(s). This opinion is uncorrected and will not be published in the printed Official Reports.ĭeshon Butler and Peter M. inSync clients also gain an expanded process server network, in addition to private investigations and expertise in medical records retrieval.Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. Clients of both former companies will find immediate benefits in working with PM Legal."Ĭlients of the former PM Investigations gain access to unmatched court services expertise and an expanded process server network, in addition to modern tools and technology for the placement and tracking of orders. "Our ability to effectively integrate these and other critical support services under one umbrella sets us apart. Attorneys value the benefits of partnering with a single provider for related services such as investigations, process service and court services," says Mallor. "The combination of these two prominent organizations creates an offering with an unrivaled breadth of services for the New York legal market.
Over the past five years, PM has leveraged this client service and expertise to expand into the service of process.
PM Investigations has been known for its outstanding client service and expertise, and was recognized five years in a row by New York Law Journal readers as the #1 Best Private Investigation Firm. Its history in these fields extends more than four decades, and its expertise is second to none. Well regarded for its market-leading technology, inSync has been New York's largest provider of integrated process service and court services. inSync's shareholders, affiliates of e-Law, LLC, remain significant stakeholders. Ross Mallor, former president of PM Investigations, will continue as PM Legal's president and the single largest shareholder of PM Legal. NEW YORK, NY-(Marketwired - Oct 26, 2016) - inSync Litigation Support, LLC, New York's premier provider of process service and court services, and PM Investigations, New York's #1 provider of private investigations in litigation support, announce the two companies have combined to form PM Legal.
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