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CURIALE v. STEPHEN WEICHOLZ & CO., INC.

192 A.D.2d 339 (1993)

596 N.Y.S.2d 19

Salvatore Curiale, Superintendent of Insurance of The State of New York, as Liquidator of American Fidelity Fire Insurance Company and Another, Respondent, v. Stephen Weicholz & Co., Inc., et al., Appellants

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

April 6, 1993

Plaintiff Superintendent of Insurance demonstrated a prima facie basis for the additional claims, and the individual defendants have not shown that prejudice will result from amendment of the complaint (see, Wyso v City of New York, 91 A.D.2d 661). While the parties dispute the amount of unearned insurance premiums owed to the Superintendent and whether certain reinsurance premium payments were legitimately made, resolution...

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