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COLUMBIAN MUTUAL LIFE INSURANCE COMPANY v. PORTES

290 A.D.2d 905 (2002)

737 N.Y.S.2d 667

COLUMBIAN MUTUAL LIFE INSURANCE COMPANY, Respondent, v. CARLOS P. PORTES et al., Appellants.

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

Decided January 31, 2002.

Crew III, J.

Defendant Carlos P. Portes purchased defendant S.S. Ballin Agency, Inc. (hereinafter Ballin), an insurance agency that primarily handled plaintiff's insurance business in the New York City area. In 1997, Ballin borrowed $485,000 from BSB Bank and Trust Company (hereinafter BSB), and plaintiff guaranteed the loan at Portes' request. About the same time, Portes began making unauthorized withdrawals from the Ballin policy premium trust account in order to...

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