STATE FARM FIRE AND CASUALTY COMPANY v. FIRMSTONE


9 A.D.3d 812 (2004)

780 N.Y.S.2d 820

STATE FARM FIRE AND CASUALTY COMPANY, as Subrogee of GRETCHEN SCHLEGEL, Appellant, v. SALLY FIRMSTONE et al., Respondents.

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

July 29, 2004.


ROSE, J.

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 behalf of all three defendants, the parents moved for an order compelling...

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