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IN THE MATTER OF LIQUIDATION OF UNION INDEMNITY INSURANCE COMPANY OF NEW YORK

21 A.D.3d 833 (2005)

802 N.Y.S.2d 14

In the Matter of the LIQUIDATION OF UNION INDEMNITY INSURANCE COMPANY OF NEW YORK. SUPERINTENDENT OF INSURANCE OF THE STATE OF NEW YORK, Respondent, v. ROBERT WONG, Appellant.

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

September 27, 2005.

Defendant fails to adduce evidence sufficient to raise an issue of fact as whether the bond's obligee was a participant in a fraud of which defendant was one of the victims, or otherwise show reason for not enforcing his express waiver in the bond of any and all defenses against plaintiff's recoupment of his payment obligation (see Matter of Union Indem. Ins. Co. of N.Y., 289 A.D.2d 173

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