Gihon, LLC v. 501 Second Street, LLC

Full title: GIHON, LLC, Respondent, v. 501 SECOND STREET, LLC, et al., Appellants

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

Date published: May 9, 2006

29 A.D.3d 629 (N.Y. App. Div. 2006)

2006 N.Y. Slip Op. 3721

814 N.Y.S.2d 877

Opinion

2004-11181.

May 9, 2006.

In an action, inter alia, to void a fraudulent conveyance under Debtor and Creditor Law §§ 273, 273-a, 274, 276, 276-a, and 277, and to recover damages for conversion, money had and received, and breach of contract, the defendants appeal from an order of the Supreme Court, Kings County (Knipel J.), dated December 2, 2004, which denied their motion, inter alia, to dismiss the complaint for failure to state a cause of action.

Rachel Nash, New York, N.Y., for appellants.

Goldman Greenbaum, P.C., New York, N.Y. (Martin William Goldman of counsel), for respondent.

Before: Krausman, J.P., Luciano, Fisher and Dillon, JJ., concur.

Ordered that the order is affirmed, with costs.

The Supreme Court properly denied the defendants' motion, inter alia, to dismiss the complaint for failure to state a cause of action. The allegations of the complaint sufficiently set forth causes of action under Debtor and Creditor Law §§ 273, 273-a, 274, 276, 276-a, and 277 ( see Marchionni v. Drexler, 22 AD3d 814 [2005]; Leon v. Martinez, 84 NY2d 83, 87-88). Furthermore, the allegations of the complaint sufficiently set forth causes of action for conversion, money had and received, and breach of contract ( see Marchionni v. Drexler, supra; Leon v. Martinez, supra at 87-88).

The defendants' remaining contentions are without merit.