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SERIO v. RHULEN

29 A.D.3d 1195 (2006)

815 N.Y.S.2d 320

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

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

May 18, 2006.

Spain, J.

Plaintiff, appointed rehabilitator of Frontier Insurance Company in 2001 (see Insurance Law art 74), commenced this action against 18 officers and directors of Frontier, including defendant Theodore J. Rupley, alleging breach of fiduciary duties, diversion of funds and other claims. In 2004, Supreme Court denied defendants'* motion to dismiss, which this Court later affirmed...

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