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HOME INSURANCE COMPANY v. ACCIDENT AND CASUALTY INSURANCE COMPANY OF WINTERTHUR SWITZERLAND

25 A.D.3d 348 (2006)

807 N.Y.S.2d 348

HOME INSURANCE COMPANY IN LIQUIDATION, Appellant, v. ACCIDENT AND CASUALTY INSURANCE COMPANY OF WINTERTHUR SWITZERLAND, Respondent, et al., Defendants.

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

January 5, 2006.

While there is no question as to plaintiff's right to recover from Winterthur the amount stated in the plain language of the settlement agreement, and indeed defendant does not deny plaintiff's right to recover such amount, final execution of the agreement should await a determination of Winterthur's claimed setoffs in plaintiff's liquidation (see generally Lyons v Cates Consulting Analysts, 88 A.D.2d 526 [1982], affd

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