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MERCHANTS T & F, INC. v. DRUKER

19 A.D.3d 134 (2005)

796 N.Y.S.2d 343

MERCHANTS T & F, INC., Respondent, v. KASE & DRUKER, Appellant, et al., Defendants. MERCHANTS T & F, INC., Appellant, v. IVAN FISHER et al., Defendants, and KASE & DRUKER et al., Respondents.

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

June 2, 2005.

In this action to set aside a transaction under the Debtor and Creditor Law, the court properly found that the law firm of Kase & Druker initially failed to meet its burden of demonstrating entitlement to summary judgment (Zuckerman v City of New York, 49 N.Y.2d 557, 562 [1980]) because of issues of fact concerning the subject fee payment, the services rendered, and the relationship of the parties. However, this appeal is rendered...

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