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TRANS-RESOURCES, INC. v. HOGAN

24 A.D.3d 271 (2005)

808 N.Y.S.2d 622

TRANS-RESOURCES, INC., et al., Appellants, v. NAUSCH HOGAN AND MURRAY, Respondent and Third-Party Plaintiff-Appellant. RFC INTERMEDIARIES, INC., Third-Party Defendant-Respondent.

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

December 22, 2005.

Subsequent to our remand (298 A.D.2d 27 [2002]), disclosure was conducted and the motion court, upon defendant broker (Nausch)'s motion for summary judgment, found that the identity of the reinsured, or fronting company, was not material to the reinsurer (St. Paul)'s decision to underwrite the risk, and accordingly dismissed the action. No issues of fact exist warranting a different result. The record, in particular, St. Paul's own underwriting...

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