Opinion
May 21, 1992
Appeal from the Supreme Court, New York County (Eugene L. Nardelli, J.).
The New York State policy is to resolve all claims against an insolvent insurer in a single liquidation proceeding, and the Supreme Court, New York County, by order of conservation entered February 25, 1988, enjoined creditors of River Plate Reinsurance Co. from bringing or further prosecuting any action at law, suit in equity, special or other proceeding against, inter alia, the Superintendent of Insurance, as conservator (see, Matter of Knickerbocker Agency [Holz], 4 N.Y.2d 245).
Nevertheless, this Court is not bound to follow the prior Supreme Court injunction under law of the case doctrine (Martin v. City of Cohoes, 37 N.Y.2d 162, 165). In the exercise of discretion under all the circumstances, we deem petitioner's application to include a request that the 1988 injunction be modified, which request we are granting to the extent of directing Supreme Court to conduct a hearing upon petitioner's long asserted substantive claim that its judgment lien, allegedly having been perfected more than four months prior to the order to show cause under Insurance Law article 74, is not subject to avoidance by the Superintendent of Insurance as conservator under Insurance Law § 7425. Upon determination of that claim, Supreme Court should grant such other relief as is appropriate under the circumstances.
Concur — Sullivan, J.P., Rosenberger, Wallach, Ross and Kassal, JJ.