Summary
affirming summary judgment to plaintiff on claim under DCL § 273-a where defendant purported to convey property four days after verdict was rendered against him
Summary of this case from Gasser v. Infanti Intern., Inc.Opinion
March 21, 1995
Appeal from the Supreme Court, New York County (Carol Huff, J.).
Plaintiff established a prima facie case that the security transfer of the instant property, involving the filing of a UCC financing statement by defendant First Dorset four days after an adverse verdict was rendered against defendant Bell, was a fraudulent conveyance (Debtor and Creditor Law § 273-a), made without fair consideration (Debtor and Creditor Law § 272 [a]); and summary judgment was properly granted after defendants failed to sustain their burden of rebutting plaintiff's proof by a proper evidentiary showing (Blakeslee v. Rabinor, 182 A.D.2d 390, lv denied 82 N.Y.2d 655). We also find that there was insufficient reason to disqualify plaintiff's attorneys since defendants had merely asserted, without support, that the summary judgment motion was based entirely on the affirmation of counsel, and that knowledge is unavailable from any other witness (S S Hotel Ventures Ltd. Partnership v. 777 S.H. Corp., 69 N.Y.2d 437). We have considered defendants' other claims and find them to be without merit.
Concur — Sullivan, J.P., Wallach, Asch, Nardelli and Williams, JJ.