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APEX REHABILITATION AND CARE CENTER v. BUTLER

2017-02020, Index No. 606979/16.

173 A.D.3d 658 (2019)

102 N.Y.S.3d 289

2019 NY Slip Op 04347

Apex Rehabilitation and Care Center, Respondent, v. Scott F. Butler, Appellant.

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

Decided June 5, 2019.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff, a creditor of the defendant's mother, commenced this action to set aside the alleged fraudulent conveyance of the mother's funds to the defendant, alleging that the transfer was made in an effort to avoid payment of a debt owed to the plaintiff by the mother. The defendant moved, inter alia, pursuant to CPLR 3211(a)(7) to dismiss the...

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