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CURIALE v. ARDRA INS. CO., LTD.

223 A.D.2d 445 (1996)

636 N.Y.S.2d 777

Salvatore R. Curiale, as Superintendant of Insurance of The State of New York, Respondent, v. Ardra Insurance Co., Ltd., Defendant, and Richard A. DiLoreto et al., Appellants. (And a Third-Party Action.)

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

January 23, 1996

The case has not proceeded to the point where judicial estoppel would apply to prevent the requested amendments to the complaint (see, Hinman, Straub, Pigors & Manning v Broder, 124 A.D.2d 392, 393). The slow progress of the case, which has been noted by this Court on prior appeals (189 A.D.2d 217; 202 A.D.2d 252

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