This was a claim for medical malpractice for the alleged improper performance of a cosmetic breast augmentation procedure (breast lift). We moved to dismiss the complaint based on plaintiff’s counsel failure to properly effectuate service on our client physician. Although the trial court refused to grant our motion and granted the plaintiff additional time to serve, partner Patrick Mevs, appealed the denial of the motion to the Appellate Division. When plaintiff failed to effectuate proper service a second time, he again moved to dismiss and again the trial court allowed plaintiff more time. Undeterred, Mr. Mevs perfected his appeal of both motions and after oral argument, the Court rendered a decision effectively dismissing the plaintiff’s complaint for failure to properly effectuate service. Since the statute of limitations had expired, this decision effectively ended the litigation in favor of our client.