Tracy Peterson and Fletcher Corley obtained an order dismissing a lawsuit commenced by owners of a penthouse apartment in a Financial District condominium. The plaintiffs – husband and wife – commenced the action against the board of managers and individual board members by summons with notice setting forth multiple theories of liability. Without effecting service on any of the defendants, the plaintiffs purported to serve discovery demands on the defendants and a subpoena upon the condominium’s managing agent. The defendants filed a demand for a complaint, and rather than filing a complaint or timely seeking additional time within which to do so, the plaintiffs moved to compel discovery and for related relief. In response to plaintiffs’ motions, Tracy and Fletcher sought dismissal of the action. The Court granted the motion to dismiss based upon the plaintiffs’ failure to timely serve a complaint, without adequate excuse therefor, and denied the plaintiffs’ motions to compel discovery and for all related relief at moot. A copy of the decision can be found here.