Roth v. Porush

3 Citing cases

  1. Stanley Furniture Co., Inc. v. Starr, 2009 NY Slip Op 32680(U) (N.Y. Sup. Ct. 11/9/2009)

    2009 N.Y. Slip Op. 32680 (N.Y. Sup. Ct. 2009)

    In this case, the complete lack of supporting evidence regarding the defendants' explanation of the transfer in June of 2007 does not rebut the initial showing that the transfer was made with actual intent "to hinder, delay or defraud" the plaintiff creditor. See, Kreisler Borg Florman Gen. Const. Co., Inc. v Tower 56 LLC, 58 AD3d 694 (2d Dept 2009); Roth v Porush, 281 AD2d 612 (2d Dept. 2001); Dillon v Dean, 236 AD2d 360 (2d Dept. 1997); Spielvogel v Welborne, 175 AD2d 830 (2d Dept. 1991); see also, Joslinv Lopez, 309 AD2d 837 (2d Dept. 2003).

  2. Stanley Furniture Co., Inc. v. Starr

    2009 N.Y. Slip Op. 32680 (N.Y. Sup. Ct. 2009)

    In this case, the complete lack of supporting evidence regarding the defendants' explanation of the transfer in June of 2007 does not rebut the initial showing that the transfer was made with actual intent "to hinder, delay or defraud" the plaintiff creditor. See, Kreisler Borg Florman Gen. Const. Co., Inc. v Tower 56 LLC, 58 AD3d 694 (2d Dept 2009); Roth v Porush, 281 AD2d 612 (2d Dept. 2001); Dillon v Dean, 236 AD2d 360 (2d Dept. 1997); Spielvogel v Welborne, 175 AD2d 830 (2d Dept. 1991); see also, Joslin v Lopez, 309 AD2d 837 (2d Dept. 2003).

  3. Rosamilia v. Lynch

    2008 N.Y. Slip Op. 52168 (N.Y. Sup. Ct. 2008)

    Moreover, a judgment creditor seeking to set aside a conveyance as fraudulent under Debtor and Creditor Law § 273-a need not show that he has futilely resorted to other proceedings to enforce the judgment. ( See, Roth v Porush, 281 AD2d 612; Republic Ins. Co. v. Levy, supra; Carmody-Wait 2d, NY Prac with Forms § 85:43.) Debtor and Creditor Law § 278, "Rights of creditors whose claims have matured," provides in relevant part: "Where a conveyance or obligation is fraudulent as to a creditor, such creditor, when his claim has matured, may, as against any person except a purchaser for fair consideration without knowledge of the fraud at the time of the purchase, or one who has derived title immediately or mediately from such a purchaser, a. Have the conveyance set aside or obligation annulled to the extent necessary to satisfy his claim, or b. Disregard the conveyance and attach or levy execution upon the property conveyed."