Opinion
570-571
September 19, 2002.
Judgment, Supreme Court, New York County (Barbara Kapnick, J.), entered September 27, 2000, awarding plaintiff damages, and bringing up for review orders, same court and Justice, entered May 16 and August 4, 2000, which, after a nonjury trial, found, inter alia, that defendants fraudulently conveyed property in violation of Debtor and Creditor Law §§ 273, 273-a, and § 276, unanimously affirmed, without costs.
RICHARD A. ROTH, for plaintiff-respondent.
LOUIS L. NOCK SCOTT GOLDMAN, for defendants-appellants.
Before: Williams, P.J., Tom, Saxe, Rubin, Friedman, JJ.
A fair interpretation of the evidence (see Thoreson v. Penthouse Intl., 80 N.Y.2d 490, 495), including defendants' admissions, supports the trial court's findings that the challenged transfers from defendant Donald Goldman to his wife and co-defendant herein were both presumptively and actually fraudulent as to his creditors, including plaintiff, which had actions pending against him at the time of the transfers (see Wall St. Assocs. v. Brodsky, 257 A.D.2d 526, 528-529). The trial court correctly ruled, citing the definition of "creditor" in Debtor and Creditor Law § 270, that a docketed judgment is not a prerequisite to a fraudulent transfer. While the restraint stricken from one of the judgments against defendant Donald Goldman applied to transfers "made through" his law firm, contrary to defendants' contention, Donald Goldman continued to be restrained from transferring any part of the firm itself. We have considered and rejected defendants' other contentions.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.