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.

The three defendants named in this subrogation action, Sally Firmstone, Scott Williams and their adult daughter, April Fiorini, answered by counsel and raised the defense of lack of personal jurisdiction in December 2000. Thirty-seven days later, in January 2001, counsel served an amended answer identical to the original pleading except that it…