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MAURICE OPARAJI, appellant, v. MADISON QUEENS-GUY BREWER, LLC, ET AL., respondents.

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.

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OPARAJI v. BREWER
(Feb 13, 2003)