NYCTL 1998-2 Trust v. Plagakis

68 A.D.3d 734, 888 N.Y.2d 911

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: December 1, 2009
• Status: Published

Opinion

The appellant, which claims to be a creditor of the defendant Gus Plagakis, did not satisfy its burden of demonstrating its entitlement to judgment as a matter of law as to its cross claims to set aside a conveyance of real property by Plagakis to the defendant John Bouzas. The appellant did not demonstrate, as a matter of law, that it had been assigned a judgment against Plagakis and that the challenged conveyance was fraudulent (see Debtor and Creditor Law §§ 273, 275, 276; Primus Automotive Fin. Servs., Inc. v Lee, 26 AD3d 365 [2006]; Northpark Assoc., L.P. v S.H.C. Mergers, Inc., 8 AD3d 642 [2004]; cf. Dempster v Overview Equities, 4 AD3d 495 [2004]).

The appellant’s remaining contentions are without merit. Skelos, J.P., Florio, Balkin and Leventhal, JJ., concur.