Posts Categorized: Fraudulent Conveyance

Posted: 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 LLC, 2018 NY Slip Op. 02436, dismissing a fraudulent conveyance claim for failure to plead the claim with particularity, explaining: The actual fraudulent conveyance claims, under the common law and Debtor and Creditor Law (DCL) ยง 276,… Read more »

Posted: 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 in Capital One Equipment Finance Corp. v. Corrigan, 2017 NY Slip Op. 32632(U), holding that allegations of badges of fraud are sufficient to support a claim for actual fraudulent conveyance, explaining: Capital One also sufficiently states a claim against… Read more »

Posted: 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 in Wimbledon Financing Master Fund, Ltd. v. Wimbledon Fund, SPC, 2016 NY Slip Op. 32556(U), granting summary judgment on fraudulent conveyance claims, explaining: In applying this summary judgment burden shifting standard to proceedings under the DCL, New York courts… Read more »

Posted: 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 Education, LLC, 2016 NY Slip Op. 05957, holding that a plaintiff stated a claim for fraudulent conveyance despite that the complained of transaction was at arm’s length, explaining: The cause of action for actual fraudulent conveyance under… Read more »

Posted: 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 Eastern Consolidated Properties, Inc. v. Lynbrook Sunrise Realty LLC, 2016 NY Slip Op. 30711(U), granting a fraudulent conveyance claim and attorneys’ fees on summary judgment, explaining: [The plaintiff] made the requisite prima facie showing. ECP submitted proof that… Read more »

Posted: 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 Partners Master Fund, L.P., 2015 NY Slip Op. 07046, holding that a corporate officer could not be deemed a recipient or beneficiary of a fraudulent transfer merely because he received a salary from the corporate transferee. In… Read more »

Posted: 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 All County Paving Corp. v. Darren Constr., Inc., 2015 NY Slip Op. 51144(U), granting summary judgment to the plaintiff on a fraudulent conveyance claim based on a judgment debtor’s transfer of the good will of its business to a… Read more »

Posted: 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 v. Levy, 2015 NY Slip Op. 30877(U), awarding attorneys fees on a claim for fraudulent conveyance. In Ohana, the plaintiffs brought a fraudulent conveyance action against both the defendant in an earlier action against whom the plaintiffs had… Read more »