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NYCTL 1998-2 Trust v. Plagakis

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION SECOND JUDICIAL DEPARTMENT


December 1, 2009

NYCTL 1998-2 TRUST, ET AL., PLAINTIFFS,
v.
GUS PLAGAKIS, ET AL., RESPONDENTS,
UNIVERSITY STUDIO, INC., APPELLANT, ET AL., DEFENDANTS.

In an action to foreclose a tax lien, the defendant University Studio, Inc., appeals from an order of the Supreme Court, Kings County (Dabiri, J.), dated April 21, 2008, which denied its motion, in effect, for summary judgment on its cross claims to set aside a conveyance of real property as fraudulent pursuant to Debtor and Creditor Law §§ 273, 275, and 276 and for awards of an attorney's fee, costs, and punitive damages.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

PETER B. SKELOS, J.P., ANITA R. FLORIO, RUTH C. BALKIN and JOHN M. LEVENTHAL, JJ.

(Index No. 47579/99)

DECISION & ORDER

ORDERED that the order is affirmed, with one bill of costs.

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; Northpak Assoc., LP v. S.H.C. Mergers, Inc., 8 AD3d 642; cf. Dempster v Overview Equities, 4 AD3d 495).

The appellant's remaining contentions are without merit.

SKELOS, J.P., FLORIO, BALKIN and LEVENTHAL, JJ., concur.

20091201

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