Opinion
2001-05759
Argued January 21, 2003.
February 13, 2003.
In an action, inter alia, to set aside a conveyance of real property, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Queens County (Kitzes, J.), dated June 12, 2001, as, upon renewal, adhered to a prior determination denying his motion for summary judgment on his causes of action pursuant to Debtor and Creditor Law §§ 273, 275, and 276.
Maurice Oparaji, Rosedale, N.Y. appellant pro se.
Miller, Rosado Algios, LLP, Mineola, N.Y. (Neil A. Miller of counsel), for respondent Madison Queens-Guy Brewer, LLC.
Before: DAVID S. RITTER, J.P., MYRIAM J. ALTMAN, SONDRA MILLER, SANDRA L. TOWNES, JJ.
DECISION ORDER
ORDERED that the appeal is dismissed as academic, without costs or disbursements.
The plaintiff, while a creditor of the defendant Robert Weston on an unpaid judgment, commenced this action, inter alia, to set aside the sale of real property by Weston as a fraudulent conveyance pursuant to Debtor and Creditor Law §§ 273, 275, and 276. The plaintiff contends that the Supreme Court erred in denying his motion for summary judgment on these causes of action. However, it is undisputed that the judgment has been satisfied. Accordingly, the plaintiff is no longer a creditor aggrieved by the alleged fraudulent conveyance (see State of Rio de Janeiro v. Rollins Son Inc., 299 N.Y. 363; Washington 1993 Inc. v. Reles, 255 A.D.2d 745; Taylor-Outten v. Taylor, 248 A.D.2d 934; Marine Midland Bank v. Murkoff, 120 A.D.2d 122, 133; Allard v. DeLorean, 884 F.2d 464, 466). Thus, as the plaintiff has alleged no other cognizable basis for relief pursuant to the Debtor and Creditor Law (see Marine Midland Bank v. Murkoff, supra; Matter of Mayerson v. DeBuono, 181 Misc.2d 55, affd 271 A.D.2d 447), the issue of whether or not summary judgment was properly denied is academic.
RITTER, J.P., ALTMAN, S. MILLER and TOWNES, JJ., concur.