Turner v Pride & Servs. El. Co. Inc.

Holding The court affirmed the dismissal of the plaintiff’s claims against CEMD as time-barred because service on a different entity was insufficient to confer jurisdiction. Additionally, the court affirmed summary judgment for Kone, noting that the purchase agreement excluded personal injury liability and that the plaintiff’s successor liability argument was not properly raised.

The court’s words

The initial service of process on WeWitt was insufficient to confer personal jurisdiction on CEMD because neither the WeWitt manager who was served with the complaint nor the WeWitt principal who came into possession of it were authorized to accept service on behalf of CEMD

2026 NY Slip Op 06269, at the official text

Kone's agreement with CEMD to purchase a number of contracts, including the contract to service the elevator involved in the accident, explicitly excluded assumption of personal injury liability for events occurring prior to the sale

2026 NY Slip Op 06269, at the official text

Plaintiff's arguments with respect to successor liability are not properly considered because this theory of liability was not alleged in the complaint and was raised for the first time in opposition to the instant motion

2026 NY Slip Op 06269, at the official text