B.D. Cooke & Partners Ltd. v. Nationwide Mutual Insurance

Orders, Supreme Court, New York County (Richard B. Lowe, III, J.), entered October 15, 2003 and July 2, 2004, which, inter alia, denied defendant’s motion for summary judgment dismissing the complaint and granted plaintiffs cross motion for summary judgment to the extent of dismissing all but the sixth affirmative defense asserting a right to an offset pursuant to Insurance Law § 7427, unanimously modified, on the law, the remaining affirmative defense dismissed, and otherwise affirmed, without costs.

In this action arising out of plaintiffs effort to collect certain monies owed to the estate…