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SEC. MUT. INS. CO. v. BLACK & DECKER CORP.

255 A.D.2d 771 (1998)

680 N.Y.S.2d 287

Security Mutual Insurance Company, as Subrogee of Glenda L. Maine, Appellant, v. Black & Decker Corporation, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

November 19, 1998

Yesawich Jr., J.

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 filed an amended summons...

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