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SERIO v. RHULEN

24 A.D.3d 1092 (2005)

806 N.Y.S.2d 283

GREGORY V. SERIO, Superintendent of Insurance of the State of New York, as Rehabilitator of FRONTIER INSURANCE COMPANY, Respondent, v. HARRY W. RHULEN et al., Appellants, et al., Defendants.

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

December 22, 2005.

MUGGLIN, J.

Plaintiff, as rehabilitator of Frontier Insurance Company (hereinafter Frontier), commenced an action against 18 officers and directors of Frontier alleging, among other things, breach of fiduciary duties, violations of Insurance Law articles 14 and 15, voidable transfers and diversion of funds. In two separate motions (one motion by 16 defendants and one by defendant Theodore Rupley), all defendants except...

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