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WILLIAM J. JENACK ESTATE APPRAISERS AND AUCTIONEERS, INC., ap, v. ALBERT RABIZADEH res

WILLIAM J. JENACK ESTATE APPRAISERS AND AUCTIONEERS, INC., ap, v. ALBERT RABIZADEH res — (INDEX NO. 3327/11)In an action, inter alia, to set aside an alleged fraudulent conveyance of real property pursuant to Debtor and Creditor Law article 10, the plaintiff appeals from an order of the Supreme Court, Nassau County (Diamond, J.), entered July 10, 2014, which denied its motion pursuant to CPLR 3214 to compel the defendants to appear for depositions, and, in effect, granted that branch of the defendants' cross motion which was for summary judgment dismissing the complaint.

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WILLIAM J. JENACK ESTATE APPRAISERS AND AUCTIONEERS, INC., ap, v. ALBERT RABIZADEH res — (INDEX NO. 3327/11)In an action, inter alia, to set aside an alleged fraudulent conveyance of real property pursuant to Debtor and Creditor Law article 10, the plaintiff appeals from an order of the Supreme Court, Nassau County (Diamond, J.), entered July 10, 2014, which denied its motion pursuant to CPLR 3214 to compel the defendants to appear for depositions, and, in effect, granted that branch of the defendants’ cross motion which was for summary judgment dismissing the complaint.

ORDERED that the order is reversed, on the law, with costs, that branch of the defendants’ cross motion which was for summary judgment dismissing the complaint is denied, the plaintiff’s motion pursuant to CPLR 3214 to compel the defendants to appear for depositions is granted, and, upon searching the record pursuant to CPLR 3212(b), the plaintiff is awarded summary judgment on the issue of liability on its second cause of action.

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