Plotkin v. Smyly Realty Ltd. Partnership

Defendant Motors Holding Massbay Automotive Corporation (“Massbay”) has moved to dismiss the Second Amended Complaint filed by Arthur Plotkin (“Plotkin”) on the ground of insufficient service of'process, pursuant to Mass.R.Civ.P. 12(b)(5), because Plotkin failed to serve Massbay within the time required by Mass.R.Civ.P. 4(j) and 6(b). For the following reasons, Massbay’s motion to dismiss is allowed.

BACKGROUND

Plotkin filed a Complaint in this action on July 20, 2001, alleging negligent maintenance of property. The Complaint named Gregg Wilson, as Trustee of 700 Broadway Realty Trust of…