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MOSTEL v. PETRYCKI

102514/09

25 Misc.3d 929 (2009)

885 N.Y.S.2d 397

2009 NY Slip Op 29363

BENNET MOSTEL, Plaintiff, v. MICHAEL C. PETRYCKI, Defendant.

Supreme Court, New York County.

Decided September 2, 2009.

Attorney(s) appearing for the Case

Sonnenschein Nath & Rosenthal, New York City (Martin J. Schwartz of counsel), for defendant.

Akerman Senterfitt, LLP, New York City (Scott M. Kessler of counsel), for plaintiff.

OPINION OF THE COURT

EDWARD H. LEHNER, J.

Before the court is a motion by defendant to dismiss the complaint pursuant to CPLR 3211 (a) (5), (7) and 3016 (b). Plaintiff's complaint asserts five causes of action. Four are based on an asserted fraudulent conveyance pursuant to Debtor and Creditor Law §§ 273, 273-a, 276 and 276-a. A fifth cause of action is premised on a claim of unjust enrichment...

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