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MATTER OF BANK OF TOKYO-MITSUBISHI TRUST CO. v. ROLLS

248 A.D.2d 1022 (1998)

670 N.Y.S.2d 140

In the Matter of Bank of Tokyo-Mitsubishi Trust Company, Formerly Known as Bank of Tokyo Trust Company, Appellant, v. James E. Rolls et al., Individually and as Partners of Rolls, Tracy, Scott, Davis, Gioia & Schop and Rolls, Scott, Gioia & Kohn et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

March 13, 1998

Order unanimously affirmed with costs.

Memorandum:

Supreme Court properly dismissed the petition seeking relief pursuant to CPLR 5227. The fundamental issue is whether, as petitioner contends, there is a debt owing from respondents to the judgment creditor or whether, as respondents contend, no such debt exists and the judgment debtor is also indebted to respondents. We conclude that respondents' position is correct...

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