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COMMISSIONERS OF THE STATE INSURANCE FUND v. WEISSMAN

6209, 6210, 401064/08

90 A.D.3d 417 (2011)

934 N.Y.S.2d 27

2011 NY Slip Op 8677

COMMISSIONERS OF THE STATE INSURANCE FUND, Appellant, v. GLENNA WEISSMAN, Respondent, and ASSOCIATES REALTY BUILDERS CONSTRUCTION CORP., Judgment Debtor.

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

Decided December 1, 2011.

Supreme Court held that while the complaint stated causes of action for violations of Debtor and Creditor Law §§ 273, 274 and 276-a, the complaint should be dismissed, pursuant to CPLR 3211 (a) (1) as barred by the documentary evidence. Supreme Court stated that because plaintiff Commissioners did not show that defendant was a defendant in an action to recover money damages in which SIF was a plaintiff, or that a judgment was docketed against her, within the meaning...

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