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MATTER OF TNT PETROLEUM, INC. v. SEA PETROLEUM, INC.

2009-03646

72 A.D.3d 694 (2010)

897 N.Y.S.2d 646

In the Matter of TNT PETROLEUM, INC., Respondent, v. SEA PETROLEUM, INC., et al., Respondents, and YAHYA BAYAT, Appellant.

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

Decided April 6, 2010.

Ordered that the judgment is affirmed, with costs.

Contrary to the appellant's contention, it was proper for the petitioner to bring a summary proceeding pursuant to CPLR 5225 (b), rather than a plenary action pursuant to article 10 of the Debtor and Creditor Law, to set aside allegedly fraudulent conveyances (see Matter of WBP Cent. Assoc., LLC v DeCola, 50 A.D.3d 693, 694...

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