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BBCN BANK v. 12TH AVENUE RESTAURANT GROUP INC.

4139. 159880/13.

150 A.D.3d 623 (2017)

2017 NY Slip Op 04229

55 N.Y.S.3d 225

BBCN BANK, Formerly Known as NARA BANK, Respondent-Appellant, v. 12TH AVENUE RESTAURANT GROUP INC et al., Defendants, and ROBERT N. SWETNICK, Appellant-Respondent.

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

Decided May 30, 2017.

On appeal, plaintiff concedes that it seeks to hold Swetnick liable for aiding and abetting a fraudulent conveyance, not for aiding and abetting fraud generally. The cause of action for aiding and abetting a fraudulent conveyance also should have been dismissed, because there is no cause of action for aiding and abetting a fraudulent conveyance against a person, such as Swetnick in this case, who is alleged merely to have assisted...

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