As the motion court observed, it is impossible on this record to determine the true owner of the disputed promissory note. Thus, plaintiff's argument in opposition to George's motion to intervene, that the alleged assignment of the note to George was a fraudulent conveyance under Debtor and Creditor Law § 273, is unavailing. Plaintiff has not established that he was a creditor; issues of fact exist whether he was reimbursed for any renovations completed at the property...
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