STATE FARM FIRE AND CAS. CO. v. FIRMSTONE


18 A.D.3d 900 (2005)

795 N.Y.S.2d 118

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.

May 5, 2005.


Rose, J.

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 purported to answer on behalf of Firmstone and Williams only (hereinafter the parents), with no mention of Fiorini...

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