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MATTER OF UNION INDEMNITY INSURANCE COMPANY OF NEW YORK

1398. 1399.

67 A.D.3d 469 (2009)

2009 NY Slip Op 08061

In the Matter of Liquidation of UNION INDEMNITY INSURANCE COMPANY OF NEW YORK. SUPERINTENDENT OF INSURANCE OF THE STATE OF NEW YORK, Respondent; ROBERT A. SPIRA, Appellant.

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

Decided November 10, 2009.

Defendant's statute of limitations argument is barred by res judicata. Originally dismissed by Justice Gammerman in an earlier decision in this matter, affirmed by this Court (289 A.D.2d 173 [2001], lv denied 98 N.Y.2d 672 [2002]), this argument was raised again by defendant on an appeal in 2004, which was dismissed with prejudice by order of this Court entered August 18, 2005.

Defendant's argument that his right to offsets...

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