Morrison Mahoney Partner Brian Heermance and Associate Namita Mehta  recently obtained a judgment dismissing the complaint upon a pre-answer motion in a dental malpractice action.

The plaintiff filed the Summons and Complaint after the expiration of the statute of limitations and argued new dates of allegation in their opposition papers in order to extend their time. The Court agreed that the plaintiff failed to offer any proof as to the new dates of allegation they alleged in the opposition and the dates of allegation in the Complaint were time-barred.