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CURIALE v. ARDRA INS. CO.

88 N.Y.2d 268 (1996)

667 N.E.2d 313

644 N.Y.S.2d 663

Salvatore R. Curiale, as Superintendent of Insurance of the State of New York, as Liquidator of Nassau Insurance Company, Respondent, v. Ardra Insurance Company, Ltd., Appellant, et al., Defendants. (And a Third-Party Action.)

Court of Appeals of the State of New York.

Decided April 30, 1996.

Attorney(s) appearing for the Case

Friedman & Kaplan LLP, New York City (Robert D. Kaplan, Daniel Zenkel, Ellen A. Harnick and Robert S. Loigman of counsel), for appellant.

Costigan & Berns, P. C., New York City (William F. Costigan and Andrew J. Costigan of counsel), for respondent.

Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, LEVINE and CIPARICK concur.

SMITH, J.

Appellant's appeal brings two orders of the Appellate Division before this Court for review. The first Appellate Division order, entered March 23, 1993, affirmed an order of the Supreme Court directing that appellant's answer be stricken unless it posted preanswer security in the amount of $10,351,877.38 pursuant to Insurance Law § 1213 (c) (189 A.D.2d 217)....

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