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Service Finance Corp. v. Werber

Appellate Division of the Supreme Court of New York, First Department
Jan 22, 1991
169 A.D.2d 555 (N.Y. App. Div. 1991)

Opinion

January 22, 1991

Appeal from the Supreme Court, New York County (Martin Stecher, J.).


Plaintiff, a factor, seeks to set aside the June 21, 1983 transfer by defendant Bernard Werber of his interest in two houses to his wife, defendant Deborah Werber, as having been made to hinder, delay, or defraud the Internal Revenue Service, to whom defendant Bernard Werber was indebted at the time the transfers were made, and in order to enforce a money judgment obtained by the plaintiff against defendant Bernard Werber on March 28, 1986, upon a personal guarantee in the sum of $170,901.92.

The trial court did not err in determining that the plaintiff had failed to prove by clear and convincing evidence that the parcels of real property in question were transferred by defendant Bernard Werber "with actual intent, as distinguished from intent presumed in law, to hinder, delay, or defraud either present or future creditors" as required by Debtor and Creditor Law § 276. The record reveals that at the time of the transfers now sought to be set aside, the plaintiff did not consider the property in question to be part of the defendant's net worth to which the plaintiff might look in the event of a default, and that the plaintiff was aware of the defendant's indebtedness to the Internal Revenue Service. (Marine Midland Bank v Murkoff, 120 A.D.2d 122, 126, appeal dismissed 69 N.Y.2d 875.)

Concur — Milonas, J.P., Ellerin, Ross, Kassal and Rubin, JJ.


Summaries of

Service Finance Corp. v. Werber

Appellate Division of the Supreme Court of New York, First Department
Jan 22, 1991
169 A.D.2d 555 (N.Y. App. Div. 1991)
Case details for

Service Finance Corp. v. Werber

Case Details

Full title:SERVICE FINANCE CORP., Appellant, v. BERNARD WERBER et al., Respondents

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

Date published: Jan 22, 1991

Citations

169 A.D.2d 555 (N.Y. App. Div. 1991)
564 N.Y.S.2d 409