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MATTER OF 8430985 CAN., INC. v. FRYDMAN

Appeal No. 12293N. Case No. 2020-01425.

188 A.D.3d 401 (2020)

131 N.Y.S.3d 866

2020 NY Slip Op 06337

In the Matter of 8430985 Canada, Inc., Respondent, v. Jacob Frydman et al., Appellants.

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

Decided November 5, 2020.

Respondents' documentary evidence, consisting of a series of agreements and modifications to the agreements, conclusively refuted petitioner's central contention, that certain funds transferred to respondents were property of the judgment debtor (see Goshen v Mutual Life Ins. Co. of N.Y., 98 N.Y.2d 314, 326 [2002]).

Given that this was an essential element of all of petitioner's claims, the petition should have been dismissed...

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