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MATTER OF UNION INDEM. INS. CO. OF NEW YORK

209 A.D.2d 334 (1994)

619 N.Y.S.2d 552

In the Matter of the Liquidation of Union Indemnity Insurance Company of New York. Michigan National Bank-Oakland, Respondent, v. American Centennial Insurance Company et al., Respondents, et al., Defendants. Salvatore R. Curiale, Superintendent of Insurance of The State of New York, as Liquidator, Third-Party Plaintiff-Intervenor-Appellant, v. American Centennial Insurance Company et al., Third-Party Defendants-Respondents, et al., Third-Party Defendants

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

November 22, 1994

We agree with the IAS Court that the liquidator failed to set forth an acceptable excuse for not submitting the purportedly new evidence on either the original motion or the subsequent reargument that preceded the instant renewal motion. The argument that one of the affidavits could not be obtained because disclosure proceedings were stayed as a result of the summary judgment motion is unavailing, since the affidavit was ultimately...

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