[DOWNLOAD] "Great Neck Car Care Center Inc. v. Arthur Elian" by Supreme Court of New York # Book PDF Kindle ePub Free

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eBook details

• Title: Great Neck Car Care Center Inc. v. Arthur Elian
• Author : Supreme Court of New York
• Release Date : January 05, 1990
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 72 KB

Description

DECISION & ORDER We find that the complaint failed to state a cause of action under the Debtor and Creditor Law article
10, to set aside a fraudulent conveyance. The complaint contains no allegation that the conveyance left the debtor insolvent
or otherwise unable to meet the plaintiff's claim (see, Mariner Harbor Nat. Bank v The Imperial Beverage Corp., 264 App Div
785; Lafayette Lumber Co., Inc. v Selvester, 226 App Div 766)., While leave to amend should be freely granted (see, CPLR 3025),
the plaintiff did not provide a proposed amended complaint nor any affidavit by a person with knowledge of the pertinent facts
concerning the defendant Arthur Elian's solvency or insolvency or insolvency at the time of the conveyance (see, Saxon v Tung
Foon Ong, 87 A.D.2d 867). In addition, the bare conclusory allegations by the plaintiff's attorney were insufficient to support
the plaintiff's position or to satisfy the requirements of CPLR 302(a)(2) (see, Badger v Lehigh Val. R.R. Co., 45 A.D.2d 601,
602). Having already conducted discovery and depositions of the defendants, the plaintiff was afforded a full opportunity
to show that the transfer of property was fraudulent but it failed to do so. We have considered the defendants' remaining contentions and find them to be without merit.

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