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10-4 West 108th Street Realty Ltd. v. Redwood Development Ltd.

Appellate Division of the Supreme Court of New York, First Department
Oct 12, 1995
220 A.D.2d 279 (N.Y. App. Div. 1995)

Opinion

October 12, 1995

Appeal from the Supreme Court, New York County (Beverly Cohen, J.).


The conveyance of the entire proceeds of the sale of the closely-held corporate defendant's only asset to defendant-appellant and his partner was fraudulent as it was made without fair consideration and rendered the debtor insolvent (Debtor and Creditor Law §§ 273, 275). Such conveyance is fraudulent without regard to the intent of the transferor ( see, Julien J. Studley, Inc. v. Lefrak, 66 A.D.2d 208, 213, affd 48 N.Y.2d 954). The court thus properly set aside the conveyance to the extent necessary to satisfy the judgment previously granted against the corporate defendant.

Concur — Rosenberger, J.P., Ellerin, Wallach and Tom, JJ.


Summaries of

10-4 West 108th Street Realty Ltd. v. Redwood Development Ltd.

Appellate Division of the Supreme Court of New York, First Department
Oct 12, 1995
220 A.D.2d 279 (N.Y. App. Div. 1995)
Case details for

10-4 West 108th Street Realty Ltd. v. Redwood Development Ltd.

Case Details

Full title:10-4 WEST 108TH STREET REALTY, LTD., et al., Respondents, v. REDWOOD…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Oct 12, 1995

Citations

220 A.D.2d 279 (N.Y. App. Div. 1995)
632 N.Y.S.2d 538

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