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MYLES v. MEYER

Appellate Division of the Supreme Court of New York, First Department.
Feb 11, 1992

The affidavit of respondent Meyer's former attorney that he formed respondent Grand-Perridine Development Corp. at Meyer's request and handed all of its stock over to him, and the mortgage documents signed by Meyer on behalf of Grand-Perridine, sufficed to show, prima facie, that Meyer, petitioner's judgment debtor, is the sole owner of Grand-Perridine stock. Respondents' unsubstantiated general denials in their answer to the petition raised no triable issues of fact concerning petitioner's entitlement to a lien against Grand-Perridine's 45% interest in Fox Meadow Associates.

Concur — Sullivan, J.P., Milonas, Ellerin, Kassal and Smith, JJ.