State Farm Fire & Casualty Co. v. Firmstone

Appeal from an order and judgment of the Supreme Court (Relihan, Jr., J.), entered November 20, 2003 in Broome County, which, inter alia, granted the motion of defendants Sally Firmstone and Scott Williams for summary judgment dismissing the complaint.

Plaintiff commenced this subrogation action seeking to recover insurance proceeds it paid to a landlord for property damage resulting from a fire in an apartment owned by the landlord and occupied by defendants—two parents and their daughter. More than two years after serving an answer raising the defense of lack of personal jurisdiction on…