The following papers numbered 1 to 14 read on this motion by defendants NASH, TOBIAS & PANITCH, LLC, FRANK TOBIAS, and RICHARD PANITCH (collectively hereinafter the NTP defendants) for an Order dismissing the complaint with prejudice in its entirety pursuant to CPLR 3211(a)(1), (a)(7), and (a)(8):Papers NumberedNotice of Motion-Affirmation-Exhibits-Affidavits-Memo. of Law 1-7Affirmation in Opposition-Exhibits-Memo of Law 8-11Reply Affirmation-Exhibits 12-14
*1 By way of relevant background, in 2011, Jose A. Aybar, Jr. (Aybar) purchased a used 2002 Explorer from his cousin Jose Velez (Velez) together with a set of four Goodyear Wrangler tires. The tires were not installed on the vehicle. The tires had been kept in storage and were sold with the subject vehicle as an additional set of tires. On June 17, 2012, Aybar took the tires to an auto shop, U.S. Tires and Wheels of Queens, LLC (U.S. Tires), to be inspected and installed on the Explorer. U.S. Tires allegedly inspected the tires, told Aybar that they were suitable for use, and installed them on the Explorer. On July 1, 2012, plaintiffs were involved in a motor vehicle accident involving the subject Explorer. In August 2012, plaintiffs retained the NTP defendants to represent them with respect to the accident. The NTP defendants executed an attorney-client contract with Orlando Gonzalez on August 2, 2012. The NTP defendants contacted Cohen, Placitella & Roth, PC (the CPR defendants) to act as co-counsel for the lawsuit. On June 10, 2013, Joel Rosen, Esq. of Cohen, Placitella & Roth, PC confirmed referral of the underlying action. On June 17, 2014, the CPR defendants filed the underlying action. By Consent to Change Attorney dated May 8, 2015, the CPR defendants withdrew as counsel for plaintiffs. Omrani & Taub, P.C. were substituted as plaintiffs’ counsel.On July 1, 2015, plaintiffs’ new counsel, Omrani & Taub, P.C., filed an action against Ford and Goodyear asserting claims for personal injury and wrongful death on various theories of product liability (the Product Liability Action). Plaintiffs also asserted wrongful death and personal injury claims against the driver, Ayber, based on his operation of the vehicle at the time of the accident. Goodyear and Ford moved to dismiss the Product Liability Action for lack of jurisdiction pursuant to CPLR 3211(a)(8). By Orders dated May 25, 2016 and entered on May 31, 2016, the Court denied both Goodyear and Ford’s motions to dismiss (Raffaele, J.). Goodyear and Ford have appealed the Orders denying their motions to dismiss. The appeal is currently pending. Goodyear and Ford then moved to dismiss pursuant to CPLR 3211(a)(5) on the grounds that the wrongful death claims are barred by the applicable statute of limitations. On April 20, 2017, the court in the Product Liability Action stayed all proceedings until the appeal is decided, and the motions to dismiss were denied with leave to renew after the stay is lifted.
