Serio v. Dwight Halvorson Insurance Services, Inc. (S.D.N.Y.)

In seeking to enforce the terms of a promissory note at the center of a complex offshore reinsurance program, Entwistle & Cappucci was confronted with the sworn statement of the defendant that was demonstrably false. E&C’s deposition of the defendant convinced the court to find in favor of the New York State Superintendent of Insurance and enforce the terms of the note. The admissions secured from the defendant at his deposition, the court concluded, “neutered” his earlier sworn statement and exposed the defendant’s attempt “to muddy the waters” to be “utterly unsupported by any evidence in the record.”