Holding that where a creditor has a judgment against a debtor and can make a "colorable claim" that the debtor's funds have been fraudulently conveyed to other entities, "the creditors do have a claimed lien interest to support preliminary injunction" to freeze assets transferred to the other entities
845 F. Supp. 2d 579 (S.D.N.Y. 2012) Cited 21 times
Noting that "[n]early every court in this Circuit to consider the issue has held that parties can bring a motion under FRCP 69, rather than instituting a special proceeding under the New York state law" and citing cases
454 F. Supp. 2d 175 (S.D.N.Y. 2006) Cited 12 times
Concluding that the overall transaction, in which defendants added diamonds and polished a stainless steel Tank Francaise watch at the request of a customer who had previously purchased the watch, did not constitute "use in commerce" within the meaning of the Lanham Act
Concluding that punitive damages were allowable when a "very high threshold of moral culpability is satisfied" without any need to show "that the fraud was aimed at the public generally"
In Evseroff, the district court found that the Government could invoke the nominee theory to foreclose its liens against the taxpayer's home, which had been transferred to a trust purportedly created for the benefit of the taxpayer's two children.
N.Y. C.P.L.R. § 302 Cited 4,333 times 6 Legal Analyses
Holding that service may be made "to a person of suitable age and discretion at the actual place of business, dwelling place or usual place of abode of the person to be served and by ... mailing the summons to the person to be served at his or her last known residence"
N.Y. Debt. & Cred. Law § 276 Cited 733 times 1 Legal Analyses
Providing that every conveyance with actual intent to defraud present or future creditors is fraudulent, irrespective of transferee's good faith (or lack thereof) or exchange of fair consideration