Transportation law – SR&A wins early dismissal on procedural grounds.
SR&A partner David Abrams obtained dismissal on behalf of trucking company Trailwood Transport on statute of limitations grounds. In a suit removed by SR&A to the United States District Court, Northern District of New York, defendants moved to dismiss based on the County Clerk’s filing stamp showing the Complaint was filed one day after expiration of the statute of limitations. Plaintiff contended he timely commenced action by delivering his Complaint via FedEx to the County Clerk one day prior to expiration of the statute of limitations as shown by the FedEx delivery confirmation. However, the Complaint was date stamped by the County Clerk one day following expiration of the statute of limitations and SR&A submitted affidavits from County Clerk employees asserting that the date stamp reflected the actual date of filing, and that there were no employees of the County Clerk’s office that matched the recipient individual named on the FedEx delivery receipt.