Commercial Division Blog: Current Developments in the Commercial Divisions of the New York State Courts

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January 24, 2022 Claim Dismissed Against Husband Even Though He Benefited From Allegedly Misappropriated Funds
On December 2, 2021, in Lanaras v Premium Ocean, LLC, 2021 NY Slip Op 51128(U), Justice Reed dismissed claims of fraudulent conveyance under NY DCL § 273, unjust enrichment and constructive trust against the husband of a businesswoman who allegedly misappropriated money received to start a business venture. The complaint identified the husband as a beneficiary of the allegedly fraudulent conveyances by virtue of his and his wife’s joint property holdings and joint bank accounts. Dismissing the complaint against the husband, the Court explained: Read More
June 5, 2021 Brokers Not Transferees for Purposes of Fraudulent Conveyance Claim
On June 1, 2021, the First Department issued a decision in McCormack Family Charitable Found. v. Fid… Read More
April 5, 2021 To be Liable For a Fraudulent Transfer, the Defendant Must Have Been a Transferee or Otherwise Benefited From the Transfer
On March 25, 2021, the First Department issued a decision in Ninth Space LLC v. Goldman, 2021 NY Sli… Read More
March 14, 2021 Court's Analysis of Debtor and Creditor Law Claims Illustrates Differences Between Various DCL Claims
On February 25, 2021, Justice Sherwood of the New York County Commercial Division issued a decision … Read More
March 4, 2020 Claim for Contrauctive Fraudulent Conveyance Does not Require Allegations of Scienter
On February 18, 2020, Justice Borrok of the New York County Commercial Division issued a decision in… Read More
November 1, 2019 Fraudulent Conveyance Claims Dismissed for Insufficient Allegations of Fraud
On October 21, 2019, Justice Borrok of the New York County Commercial Division issued a decision in … Read More
October 29, 2019 Court Rejects Claim for Aiding and Abetting Fraudulent Conveyance
On October 17, 2019, Justice Schecter of the New York County Commercial Division issued a decision i… Read More
October 27, 2019 Lack of Particularity Dooms Fraudulent Conveyance Claim
On October 8, 2019, Justice Borrok of the New York County Commercial Division issued a decision in G… Read More
October 20, 2018 Allegation that Defendant Rendered New York Business Insolvent Through Fraudulent Transfer Sufficient to Establish Personal Jurisdiction
On October 2, 2018, Justice Scarpulla of the New York County Commercial Division issued a decision i… Read More
June 25, 2018 Insolvent Party's Transfer of Property to Insider Not Improper Where Insider is Secured Creditor
On June 19, 2018, Justice Schecter of the New York County Commercial Division issued a decision in E… Read More
April 18, 2018 Fraudulent Conveyance Claim Dismissed For Failure to Plead with Particularity
On April 10, 2018, the First Department issued a decision in Carlyle, LLC v. Quik Park 1633 Garage L… Read More
January 1, 2018 Allegations of Badges of Fraud Sufficient to Support Actual Fraudulent Conveyance Claim
On December 14, 2017, Justice Scarpulla of the New York County Commercial Division issued a decision… Read More
January 6, 2017 Conveyances Fraudulent Under Debtor Creditor Law
On December 22, 2016, Justice Kornreich of the New York County Commercial Division issued a decision… Read More
September 15, 2016 Fraudulent Conveyance Claim Against Arm's Length Transaction OK Where Badges of Fraud Alleged
On September 8, 2016, the First Department issued a decision in 172 Van Duzer Realty Corp. v. 878 Ed… Read More
July 23, 2016 Tax Estoppel Prevents Claim That Payment Was Earnings After Reporting it as a Gift
On July 7, 2016, Justice Singh of the New York County Commercial Division issued an opinion in Glikl… Read More
May 7, 2016 Court Grants Fraudulent Conveyance Claim, Attorneys' Fees, on Summary Judgment
On April 13, 2016, Justice Kornreich of the New York County Commercial Division issued a decision in… Read More
January 17, 2016 Insider Payment Not In Good Faith Under Debtor and Creditor Law Sections 273 and 275
On January 12, 2016, the First Department issued a decision in American Media, Inc. v. Bainbridge & … Read More
October 4, 2015 Receipt of Salary from Transferee Insufficient to Render Defendant a Transferee
On October 1, 2015, the First Department issued a decision in Cantor Fitzgerald & Co. v. 8an Capital… Read More
August 6, 2015 Debtor's Transfer of Good Will To Newly-Formed Entity is Fraudulent Conveyance
On August 4, 2015, Justice Emerson of the Suffolk County Commercial Division issued a decision in Al… Read More
May 31, 2015 Court Awards Attorneys' Fees on Fraudulent Conveyance Claim
On May 21, 2015, Justice Demarest of the Kings County Commercial Division issued a decision in Ohana… Read More
April 24, 2015 Plaintiff Entitled to Summary Judgment on Fraudulent Conveyance Claim
On April 15, 2015, the Second Department issued a decision in Akodes v. Pyatetsky, 2015 NY Slip Op. … Read More