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ANDES PETROLEUM ECUADOR LTD. v. OCCIDENTAL PETROLEUM CO.

Index No. 655072/21. Appeal No. 17242. Case No. 2022-02965.

213 A.D.3d 403 (2023)

182 N.Y.S.3d 123

2023 NY Slip Op 00481

Andes Petroleum Ecuador Ltd., Respondent, v. Occidental Petroleum Company, Appellant.

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

Decided February 2, 2023.

Attorney(s) appearing for the Case

Kobre & Kim LLP, New York ( Zachary D. Rosenbaum of counsel), for appellant.

Herbert Smith Freehills New York LLP, New York ( Steven Jacobs of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., González, Scarpulla, Shulman, Pitt-Burke, JJ.

Order, Supreme Court, New York County (Joel M. Cohen, J.), entered June 2, 2022, which, to the extent appealed from, denied defendant Occidental Petroleum Company's motion to dismiss the complaint, unanimously reversed, on the law, with costs, the denial of the motion vacated, and the matter remanded for further proceedings on the motion.

The motion court incorrectly determined that plaintiff's causes of action for fraudulent conveyance (Debtor and Creditor Law &...

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