Security Mutual Insurance v. Black & Decker Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtYesawich Jr., J.
Appeal from an order of the Supreme Court (Relihan, Jr., J.), entered November 5, 1997 in Tompkins County, which, inter alia, denied plaintiffs cross motion for leave to amend the complaint.
In June 1993, Glenda Maine’s home was damaged by a fire allegedly caused by a Black & Decker brand coffee maker. Plaintiff, her insurer, reimbursed her for the loss and, in May 1996, as Maine’s subrogee, attempted to commence a tort action against Black & Decker (U.S.), Inc. by filing a summons with notice and verified complaint. Those papers were never served, however; instead, on July 3, 1996, plaintiff…
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