NYCTL 1998-2 Trust v Plagakis

NYCTL 1998-2 Trust v Plagakis 2009 NY Slip Op 09007 [68 AD3d 734] December 1, 2009 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, February 10, 2010

NYCTL 1998-2 Trust et al., Plaintiffs,
v
Gus Plagakis et al., Respondents, and University Studio, Inc., Appellant, et al., Defendants.

—[*1] Edward S. Kanbar, New York, N.Y., for appellant.

Andrew Hirschhorn, Rosedale, N.Y., for respondent Gus Plagakis.

John Bouzas, Astoria, N.Y., respondent pro se.

In an action to foreclose a tax lien, the defendant University Studio, Inc., appeals from an order of the Supreme Court, Kings County (Dabiri, J.), dated April 21, 2008, which denied its motion, in effect, for summary judgment on its cross claims to set aside a conveyance of real property as fraudulent pursuant to Debtor and Creditor Law §§ 273, 275 and 276 and for awards of an attorney's fee, costs, and punitive damages.

Ordered that the order is affirmed, with one bill of costs.

The appellant, which claims to be a creditor of the defendant Gus Plagakis, did not satisfy its burden of demonstrating its entitlement to judgment as a matter of law as to its cross claims to set aside a conveyance of real property by Plagakis to the defendant John Bouzas. The appellant did not demonstrate, as a matter of law, that it had been assigned a judgment against Plagakis and that the challenged conveyance was fraudulent (see Debtor and Creditor Law §§ 273, 275, 276; Primus Automotive Fin. Servs., Inc. v Lee, 26 AD3d 365 [2006]; Northpark Assoc., L.P. v S.H.C. Mergers, Inc., 8 AD3d 642 [2004]; cf. Dempster v Overview Equities, 4 AD3d 495 [2004]).

The appellant's remaining contentions are without merit. Skelos, J.P., Florio, Balkin and Leventhal, JJ., concur.