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MATTER OF P.A. BUILDING COMPANY v. SILVERMAN

298 A.D.2d 327 (2002)

750 N.Y.S.2d 13

In the Matter of P.A. BUILDING COMPANY, Respondent, v. ALLEN SILVERMAN, Appellant.

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

Decided October 31, 2002.

We reject appellant's claim that, as a participant in a constructive, as opposed to an actual, fraudulent conveyance, he retains a right of pro rata distribution for repayment of antecedent debts (48-48 Assoc. v Piccoli, 243 A.D.2d 291). We further find that petitioner's status as a creditor with a turnover order from the Supreme Court gives it priority over appellant, since appellant...

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