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Matter, Bk. of Tokyo-Mitsubishi T. v. Rolls

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 13, 1998
248 A.D.2d 1022 (N.Y. App. Div. 1998)

Opinion

March 13, 1998

Appeal from Order of Supreme Court, Erie County, Notaro, J. — Debtor and Creditor Law.)

Present — Pine, J. P., Hayes, Callahan, Balio and Boehm, JJ.


Order unanimously affirmed with costs. Memorandum: Supreme Court properly dismissed the petition seeking relief pursuant to CPLR 5227. The fundamental issue is whether, as petitioner contends, there is a debt owing from respondents to the judgment creditor or whether, as respondents contend, no such debt exists and the judgment debtor is also indebted to respondents. We conclude that respondents' position is correct and that petitioner has misapplied article 10 of the Debtor and Creditor Law. Even if petitioner's attempts to set aside as a fraudulent conveyance the obligation of the judgment debtor to render legal services on behalf of respondents' law partnership were successful, no debt owing from respondents to the judgment debtor would result that could be paid over to petitioner.


Summaries of

Matter, Bk. of Tokyo-Mitsubishi T. v. Rolls

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 13, 1998
248 A.D.2d 1022 (N.Y. App. Div. 1998)
Case details for

Matter, Bk. of Tokyo-Mitsubishi T. v. Rolls

Case Details

Full title:In the Matter of BANK OF TOKYO-MITSUBISHI TRUST COMPANY, Formerly Known as…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Mar 13, 1998

Citations

248 A.D.2d 1022 (N.Y. App. Div. 1998)
670 N.Y.S.2d 140