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MATTER OF WBP CENTRAL ASSOCIATES, LLC v. DECOLA

50 A.D.3d 693 (2008)

855 N.Y.S.2d 210

In the Matter of WBP CENTRAL ASSOCIATES, LLC, Appellant, v. RICHARD DECOLA et al., Respondents.

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

Decided April 1, 2008.

Ordered that the order is reversed, on the law, with costs, the petition is reinstated, and the matter is remitted to the Supreme Court, Westchester County, for further proceedings on the petition.

Contrary to the determination of the Supreme Court, a claim to set aside an allegedly fraudulent conveyance of money, assets, or property may be asserted in a special proceeding pursuant to CPLR 5225 (b), without first commencing...

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