NYCTL 1998-2 TRUST v. PLAGAKIS

2008-05947

68 A.D.3d 734 (2009)

2009 NY Slip Op 9007

888 N.Y.S.2d 911

NYCTL 1998-2 TRUST et al., Plaintiffs, v. GUS PLAGAKIS et al., Respondents, and UNIVERSITY STUDIO, INC., Appellant, et al., Defendants.

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

Decided December 1, 2009.


Ordered that the order is affirmed, with one bill of costs.

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...

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