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B.D. COOKE & PARTNERS LIMITED v. NATIONWIDE MUTUAL INSURANCE COMPANY

16 A.D.3d 208 (2005)

791 N.Y.S.2d 103

B.D. COOKE & PARTNERS LIMITED, as Assignee of CITIZENS CASUALTY COMPANY OF NEW YORK (IN LIQUIDATION), Respondent-Appellant, v. NATIONWIDE MUTUAL INSURANCE COMPANY, Appellant-Respondent.

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

March 15, 2005.

In this action arising out of plaintiff's effort to collect certain monies owed to the estate of Citizens, a liquidated reinsurer, the motion court properly found that the judicially approved petition to close the liquidation, and the liquidator's assignment to plaintiff upon which it was predicated, were unambiguous in providing that plaintiff's entitlement to reinsurance recoverables was not to be limited by the closing of said estate. However, the court should also have...

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