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FIRST FRANKLIN FIN. CORP. v. MERCHANT

Index No. 381431/08. Appeal No. 12433. Case No. 2019-5670.

188 A.D.3d 564 (2020)

132 N.Y.S.3d 635

2020 NY Slip Op 06852

First Franklin Financial Corporation, Respondent, v. Arnold Merchant et al., Defendants. Nereid 2028, Nonparty Defendant-Appellant.

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

Decided November 19, 2020.

Supreme Court had jurisdiction to determine whether the proceeding before it was subject to the automatic bankruptcy stay triggered upon Nereid's Chapter 11 bankruptcy filing (In re Baldwin-United Corp. Litig., 765 F.2d 343, 347 [2d Cir 1985]; In re Siskin, 258 B.R. 554, 562 [ED NY 2001]). The court correctly found that judgment debtor defendant Arnold Merchant's purported transfer of the property...

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