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MATTER OF LIQUIDATION OF UNION INDEMNITY INSURANCE COMPANY OF NEW YORK. v. SPIRA

289 A.D.2d 173 (2001)

736 N.Y.S.2d 1

In the Matter of the LIQUIDATION OF UNION INDEMNITY INSURANCE COMPANY OF NEW YORK. SUPERINTENDENT OF INSURANCE OF THE STATE OF NEW YORK, as Liquidator, Appellant-Respondent, v. ROBERT A. SPIRA, Respondent-Appellant.

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

Decided December 27, 2001.

Defendant's allegations of fraud against the holder bank, the insolvent insurance company and the liquidator are conclusory and otherwise insufficient to raise an issue of fact. We note with regard to the particular allegations made against the insolvent insurance company and the liquidator that a claim of aiding and abetting fraud cannot be predicated upon mere silence (see, King v Schonberg & Co., 233 A.D.2d 242). Defendant...

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