Empire Insurance v. Marquez

Appeal from an order of the Supreme Court (Harlem, J.), entered January 29, 1990 in Otsego County, which granted defendant’s motion for summary judgment dismissing the complaint for lack of personal jurisdiction.

Plaintiff, as subrogee on a claim, sought to recover damages caused by fire to realty owned by its insured at 19 Franklin Street in the City of Oneonta, Otsego County. A process server unsuccessfully attempted to personally serve defendant at her place of abode on August 10, 17, 24 and September 2, 1988. On this last date, the process server wedged a copy of the summons and complaint…