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MATTER OF WIMBLEDON FINANCING MASTER FUND, LTD. v. BERGSTEIN

150584/16. 7656. 7655.

166 A.D.3d 496 (2018)

90 N.Y.S.3d 12

2018 NY Slip Op 07943

In the Matter of Wimbledon Financing Master Fund, Ltd., Respondent, v. David Bergstein et al., Appellants, and Weston Capital Asset Management, LLC, et al., Respondents.

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

Decided November 20, 2018.

Petitioner, as assignee of a judgment entered in 2013 against nonparty Arius Libra, Inc., brought this proceeding pursuant to CPLR article 52 for a turnover order to recover assets that had been fraudulently conveyed away from Arius Libra (see Debtor and Creditor Law §§ 272, 273).

Because the conveyances at issue were made to third parties without benefit to petitioner's assignor, they were made without...

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