Legal Opinion

NYCTL 1998-2 Trust v. Plagakis

Appellate Division of the Supreme Court of the State of New York

Decided December 1, 2009Published

1Opinion of the Court

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…

2Cases cited3 opinions

  1. Dempster v. Overview Equities, Inc.Appellate Division of the Supreme Court of the State of New York · 2004
  2. Northpark Associates, L.P. v. S.H.C. Mergers, Inc.Appellate Division of the Supreme Court of the State of New York · 2004
  3. Primus Automotive Financial Services, Inc. v. LeeAppellate Division of the Supreme Court of the State of New York · 2006

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API