Already have an account? Sign in instead.
You stay signed in for 30 days on this browser.
Continue with Google Continue with MicrosoftNo account yet? Create a free one.
We sent a six-digit code.
It expires in ten minutes, works once, and only in this browser. Five wrong tries void it. Send another code.
Your account is live and the Cloudflare checks are off for this browser.
49 New York opinions name it 3 courts 1968–2024 9 in the last five years
The cases below were cited by New York courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Coyle v. Lefkowitzgreen2 sentences2018The plaintiff failed to allege the existence of an unsatisfied judgment against Kirit, which is an essential element of a cause of action pursuant to Debtor and Creditor Law § 273-a ( see Fishcer v Sadov Realty Corp ., 34 AD3d 632 ; Frybergh v Weissman , 145 AD2d 531, 531-532 ; see also Coyle v Lefkowitz , 89 AD3d 1054, 1056 ). 2015(Coyle v Lefkowitz, 89 AD3d 1054, 1056 [2d Dept 2011]; see Wall St. | 4 | 4 |
American Media, Inc. v. Bainbridge & Knight Laboratories, LLCgreen2 sentences2022Plaintiff established prima facie entitlement to summary judgment on his claims under Debtor & Creditor Law former §§ 273 and 274 by showing that Owner transferred sums of money to the Rinzlers or their family limited partnership, all insiders, during a period in which it was insolvent ( see American Media, Inc. v. Bainbridge & Knight Labs., LLC , 135 AD3d 477, 478 [1st Dept 2016]; Wall St. 2022Plaintiff established prima facie entitlement to summary judgment on his claims under Debtor & Creditor Law former §§ 273 and 274 by showing that Owner transferred sums of money to the Rinzlers or their family limited partnership, all insiders, during a period in which it was insolvent ( see American Media, Inc. v. Bainbridge & Knight Labs., LLC , 135 AD3d 477, 478 [1st Dept 2016]; Wall St. | 2 | 2 |
ABN AMRO Bank, N.V. v. MBIA Inc.green2 sentences2021To state a cause of action for constructive fraudulent conveyance under Debtor and Creditor Law §§ 273, 274, and 275, the [*2]complaint must allege that the transferor transferred assets without receiving fair consideration in exchange ( see ABN AMRO Bank, N.V. v MBIA Inc. , 17 NY3d 208, 228 [2011]). 2021To state a cause of action for constructive fraudulent conveyance under Debtor and Creditor Law §§ 273, 274, and 275, the [*2]complaint must allege that the transferor transferred assets without receiving fair consideration in exchange ( see ABN AMRO Bank, N.V. v MBIA Inc. , 17 NY3d 208, 228 [2011]). | 2 | 2 |
511 West 232nd Owners Corp. v. Jennifer Realty Co.green2 sentences2021Viewing the record, as amplified by the papers submitted on the motion, in the light most favorable to plaintiff ( see 511 W. 232nd Owners Corp. v Jennifer Realty Co. , 98 NY2d 144, 151-152 [2002]), plaintiff has failed to adequately plead a claim for fraudulent conveyance under Debtor and Creditor Law § 273-a. 2021Viewing the record, as amplified by the papers submitted on the motion, in the light most favorable to plaintiff ( see 511 W. 232nd Owners Corp. v Jennifer Realty Co. , 98 NY2d 144, 151-152 [2002]), plaintiff has failed to adequately plead a claim for fraudulent conveyance under Debtor and Creditor Law § 273-a. | 2 | 2 |
Buechel v. Baingreen2 sentences2013Contrary to the plaintiffs contention, he failed to demonstrate that the defendant should be collaterally estopped from raising this issue, as the plaintiff failed to demonstrate that the issue was necessarily decided against the defendant in a prior action commenced by the plaintiff to set aside a fraudulent conveyance pursuant to Debtor and Creditor Law §§ 273 and 276 (see Tydings v Greenfield, Stein & Senior, LLP, 11 NY3d 195, 199 [2008]; Buechel v Bain, 97 NY2d 295, 304 [2001] , cert denied 535 US 1096 [2002]; Soni v Pryor, 102 AD3d 856, 857 [2013]). 2013Contrary to the plaintiffs contention, he failed to demonstrate that the defendant should be collaterally estopped from raising this issue, as the plaintiff failed to demonstrate that the issue was necessarily decided against the defendant in a prior action commenced by the plaintiff to set aside a fraudulent conveyance pursuant to Debtor and Creditor Law §§ 273 and 276 (see Tydings v Greenfield, Stein & Senior, LLP, 11 NY3d 195, 199 [2008]; Buechel v Bain, 97 NY2d 295, 304 [2001] , cert denied 535 US 1096 [2002]; Soni v Pryor, 102 AD3d 856, 857 [2013]). | 2 | 2 |
Washington 1993, Inc. v. Relesgreen2 sentences2013Once [GPD] “obtained a bond to discharge the mechanic’s lien, the debt no longer existed for the purposes of Debtor and Creditor Law § 273” (Washington 1993 v Reles, 255 AD2d 745, 747 [1998]: see Oparaji v Madison Queens-Guy Brewer, 302 AD2d 439, 440 [2003]). 2013Once [GPD] “obtained a bond to discharge the mechanic’s lien, the debt no longer existed for the purposes of Debtor and Creditor Law § 273” (Washington 1993 v Reles, 255 AD2d 745, 747 [1998]: see Oparaji v Madison Queens-Guy Brewer, 302 AD2d 439, 440 [2003]). | 2 | 2 |
Oparaji v. Madison Queens-Guy Brewer, LLCgreen2 sentences2013Once [GPD] “obtained a bond to discharge the mechanic’s lien, the debt no longer existed for the purposes of Debtor and Creditor Law § 273” (Washington 1993 v Reles, 255 AD2d 745, 747 [1998]: see Oparaji v Madison Queens-Guy Brewer, 302 AD2d 439, 440 [2003]). 2013Once [GPD] “obtained a bond to discharge the mechanic’s lien, the debt no longer existed for the purposes of Debtor and Creditor Law § 273” (Washington 1993 v Reles, 255 AD2d 745, 747 [1998]: see Oparaji v Madison Queens-Guy Brewer, 302 AD2d 439, 440 [2003]). | 2 | 2 |
Tydings v. Greenfield, Stein & Senior, LLPgreen2 sentences2013Contrary to the plaintiffs contention, he failed to demonstrate that the defendant should be collaterally estopped from raising this issue, as the plaintiff failed to demonstrate that the issue was necessarily decided against the defendant in a prior action commenced by the plaintiff to set aside a fraudulent conveyance pursuant to Debtor and Creditor Law §§ 273 and 276 (see Tydings v Greenfield, Stein & Senior, LLP, 11 NY3d 195, 199 [2008]; Buechel v Bain, 97 NY2d 295, 304 [2001] , cert denied 535 US 1096 [2002]; Soni v Pryor, 102 AD3d 856, 857 [2013]). 2013Contrary to the plaintiffs contention, he failed to demonstrate that the defendant should be collaterally estopped from raising this issue, as the plaintiff failed to demonstrate that the issue was necessarily decided against the defendant in a prior action commenced by the plaintiff to set aside a fraudulent conveyance pursuant to Debtor and Creditor Law §§ 273 and 276 (see Tydings v Greenfield, Stein & Senior, LLP, 11 NY3d 195, 199 [2008]; Buechel v Bain, 97 NY2d 295, 304 [2001] , cert denied 535 US 1096 [2002]; Soni v Pryor, 102 AD3d 856, 857 [2013]). | 2 | 2 |
Soni v. Pryorgreen2 sentences2013Contrary to the plaintiffs contention, he failed to demonstrate that the defendant should be collaterally estopped from raising this issue, as the plaintiff failed to demonstrate that the issue was necessarily decided against the defendant in a prior action commenced by the plaintiff to set aside a fraudulent conveyance pursuant to Debtor and Creditor Law §§ 273 and 276 (see Tydings v Greenfield, Stein & Senior, LLP, 11 NY3d 195, 199 [2008]; Buechel v Bain, 97 NY2d 295, 304 [2001] , cert denied 535 US 1096 [2002]; Soni v Pryor, 102 AD3d 856, 857 [2013]). 2013Contrary to the plaintiffs contention, he failed to demonstrate that the defendant should be collaterally estopped from raising this issue, as the plaintiff failed to demonstrate that the issue was necessarily decided against the defendant in a prior action commenced by the plaintiff to set aside a fraudulent conveyance pursuant to Debtor and Creditor Law §§ 273 and 276 (see Tydings v Greenfield, Stein & Senior, LLP, 11 NY3d 195, 199 [2008]; Buechel v Bain, 97 NY2d 295, 304 [2001] , cert denied 535 US 1096 [2002]; Soni v Pryor, 102 AD3d 856, 857 [2013]). | 2 | 2 |
Marine Midland Bank v. Murkoffgreen2 sentences1998Debtor and Creditor Law § 276 provides: “Every conveyance made and every obligation incurred with actual intent, as distinguished from intent presumed in law, to hinder, delay, or defraud either present or future creditors, is fraudulent as to both present and future creditors.” “The burden of proof to establish actual fraud under Debtor and Creditor Law § 276 is upon the creditor who seeks to have the conveyance set aside [citation omitted], and the standard for such proof is clear and convincing evidence [citations omitted].” (Marine Midland Bank v Murkoff, 120 AD2d 122, 126 [2d Dept 1986].) 1990Accordingly, the Supreme Court properly granted the plaintiffs the equitable relief authorized by Debtor and Creditor Law § 279, which is intended to protect fraudulently conveyed property for the benefit of a creditor whose claim has not yet been established (see, Marine Midland Bank v Murkoff, 120 AD2d 122, 130 ). | 1 | 2 |
Wildman & Bernhardt Construction, Inc. v. BPM Associatesgreen1 sentence2024However, the complaint's allegations of insolvency and inadequate capitalization are too conclusory to support fraudulent conveyance claims under Debtor and Creditor Law §§ 273 and 274 ( see Eagle Eye Collection Corp. v Shariff , 190 AD3d 600 , 602 [1st Dept 2021]; Wildman & Bernhardt Constr. v BPM Assoc. , 273 AD2d 38, 38-39 [1st Dept 2000]). | 1 | 1 |
Blakeslee v. Rabinorgreen1 sentence2022Therefore, plaintiff is entitled to summary judgment on its cause of action for fraudulent conveyance under § 273-a ( see Blakeslee [*2]v Rabinor, 182 AD2d 390, 391 [1st Dept 1992], lv denied 82 NY2d 655 [1993]). | 1 | 1 |
In Re the Estate of Huntergreen1 sentence2017Although Amadeus raised the issue whether the mortgages constituted fraudulent conveyances pursuant to Debtor and Creditor Law §§ 273, 274, and 275 when it opposed Financitech’s motion for summary judgment in the foreclosure action, there was not a final determination on the merits with respect to that issue (see Landau, P.C. v LaRossa, Mitchell & Ross, 11 NY3d 8, 13 [2008]; Matter of Hunter, 4 NY3d 260, 269 [2005]). | 1 | 1 |
Joslin v. Lopezgreen1 sentence2017As required by each of those sections, Amadeus established as a matter of law that the mortgages were given without fair consideration (see §§ 273, 274; Board of Mgrs. of Loft Space Condominium v SDS Leonard, LLC, 142 AD3d 881, 883 [1st Dept 2016]; Joslin v Lopez, 309 AD2d 837, 838-839 [2d Dept 2003]). | 1 | 1 |
Gateway I Group, Inc. v. Park Avenue Physicians, P.C.green1 sentence2017Physicians, P.C., 62 AD3d 141, 149-150 [2d Dept 2009]). | 1 | 1 |
Ridinger v. West Chelsea Development Partners LLCgreen1 sentence2017Partners LLC, 150 AD3d 559, 560 [1st Dept 2017]; see Gateway I Group, Inc. v Park Ave. | 1 | 1 |
Landau, P.C. v. LaRossa, Mitchell & Rossgreen1 sentence2017Although Amadeus raised the issue whether the mortgages constituted fraudulent conveyances pursuant to Debtor and Creditor Law §§ 273, 274, and 275 when it opposed Financitech’s motion for summary judgment in the foreclosure action, there was not a final determination on the merits with respect to that issue (see Landau, P.C. v LaRossa, Mitchell & Ross, 11 NY3d 8, 13 [2008]; Matter of Hunter, 4 NY3d 260, 269 [2005]). | 1 | 1 |
Board of Managers of Loft Space Condominium v. SDS Leonard, LLCgreen1 sentence2017As required by each of those sections, Amadeus established as a matter of law that the mortgages were given without fair consideration (see §§ 273, 274; Board of Mgrs. of Loft Space Condominium v SDS Leonard, LLC, 142 AD3d 881, 883 [1st Dept 2016]; Joslin v Lopez, 309 AD2d 837, 838-839 [2d Dept 2003]). | 1 | 1 |
| International Credit Brokerage Co. v. Agapovgreen | 1 | 1 |
| Avalon, LLC v. Coronet Properties Co.green | 1 | 1 |
| Wojchowski v. Dainesgreen | 1 | 1 |
| Commissioner of the Department of Social Services v. Spellmangreen | 1 | 1 |
| Buckley v. . Wellsgreen | 1 | 1 |
| Abbey v. . Deyogreen | 1 | 1 |
| In re the Estate of Schneidergreen | 1 | 1 |
| Murin v. Estate of Schwalengreen | 1 | 1 |
| Sherman v. DeRosagreen | 1 | 1 |
| Gallagher v. Kirschnergreen | 1 | 1 |
| Miner v. Edwardsgreen | 1 | 1 |
| Berner Trucking, Inc. v. Browngreen | 1 | 1 |
| Alvarez v. Prospect Hospitalgreen | 1 | 1 |
| Buckhannon Board & Care Home, Inc. v. West Virginia Dept. of Health and Human Resourcesred | 1 | 1 |
| Mega Personal Lines, Inc. v. Haltongreen | 1 | 1 |
| Fane v. Howardgreen | 1 | 1 |
| Rufo v. Inmates of Suffolk County Jailgreen | 1 | 1 |
| SNS Bank v. Citibankgreen | 1 | 1 |
| Southern Industries, Inc. v. Jeremiasgreen | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Ronga v. Chiusano
green
2 sentences2021First, the debtor's conveyance of something for value to extinguish a mortgage was made "in payment of an antecedent debt, and cannot constitute a fraudulent conveyance under [Debtor and Creditor Law § 273-a]" ( Ronga v Chiusano , 97 AD2d 753 , 753 [2d Dept 1983]). 2021First, the debtor's conveyance of something for value to extinguish a mortgage was made "in payment of an antecedent debt, and cannot constitute a fraudulent conveyance under [Debtor and Creditor Law § 273-a]" ( Ronga v Chiusano , 97 AD2d 753 , 753 [2d Dept 1983]). | 2 | 2021–2021 |
Bain v. Buechel
green
2 sentences2013Contrary to the plaintiffs contention, he failed to demonstrate that the defendant should be collaterally estopped from raising this issue, as the plaintiff failed to demonstrate that the issue was necessarily decided against the defendant in a prior action commenced by the plaintiff to set aside a fraudulent conveyance pursuant to Debtor and Creditor Law §§ 273 and 276 (see Tydings v Greenfield, Stein & Senior, LLP, 11 NY3d 195, 199 [2008]; Buechel v Bain, 97 NY2d 295, 304 [2001] , cert denied 535 US 1096 [2002]; Soni v Pryor, 102 AD3d 856, 857 [2013]). 2013Contrary to the plaintiffs contention, he failed to demonstrate that the defendant should be collaterally estopped from raising this issue, as the plaintiff failed to demonstrate that the issue was necessarily decided against the defendant in a prior action commenced by the plaintiff to set aside a fraudulent conveyance pursuant to Debtor and Creditor Law §§ 273 and 276 (see Tydings v Greenfield, Stein & Senior, LLP, 11 NY3d 195, 199 [2008]; Buechel v Bain, 97 NY2d 295, 304 [2001] , cert denied 535 US 1096 [2002]; Soni v Pryor, 102 AD3d 856, 857 [2013]). | 2 | 2013–2013 |
Durrant v. Kelly
green
2 sentences2006To prevail on such a fraudulent conveyance claim, the movant must establish three elements: (1) that the conveyance was made without fair consideration; (2) that at the time of transfer, the transferor was a defendant in an action for money damages or a judgment in such action had been docketed against him; and (3) that a final judgment has been rendered against the transferor that remains unsatisfied (see Durrant v Kelly, 186 AD2d 237 [1992]). 1996Accordingly, the conveyance is deemed fraudulent under Debtor and Creditor Law § 273-a (see also, Durrant v Kelly, 186 AD2d 237, 238 ). | 2 | 1996–2006 |
West 56th and 57th Street Corp. v. Lola Pearl
green
2 sentences1999Corp. v Pearl, 242 AD2d 508 ). 1999Corp. v Pearl, 242 AD2d 508 ). | 2 | 1999–1999 |
Hearn 45 St. Corp. v. Jano
green
2 sentences1993Corp. v Jano, 283 NY 139 ; Quadrozzi Concrete Corp. v Mastroianni, 56 AD2d 353 ). 1981Corp. v Jano, 283 NY 139 ). | 2 | 1981–1993 |
5706 Fifth Avenue, LLC v. Louzieh
neutral
1 sentence2023In a proper case, the requisite fraudulent intent can be established on summary judgment ( see e.g. 5706 Fifth Ave., LLC v Louzieh , 108 AD3d 589 [2d Dept 2013]). | 1 | 2023–2023 |
Farm Stores, Inc. v. School Feeding Corp.
green
2 sentences2022In addition, plaintiff established that even if the preferential transfer to RTBI was made for fair consideration, it was not made in good faith ( id. ). 2022Plaintiff should have been granted summary judgment as to liability on its claim for fraudulent conveyance under Debtor and Creditor Law § 273 claim (the fifth cause of action), since it made a prima facie case, through its expert accountant's affidavit, that Kate's LLC was insolvent at the time of the challenged transactions ( Farm Stores, 102 AD2d at 254 ). | 1 | 2022–2022 |
Stokes Coal Company, Inc. v. Garguilo
green
2 sentences2018Bank v Grant, 99 NYS2d 602 , 603 [Sup Ct New York County 1950]; citing Stokes Coal Co. v Garguilo, 225 AD, 281 [1st Dept 1938], affd , 280 NY 616 [1939]) (Level 8 Defendants' Conclusions of Law at ¶ 290). 2018Bank v Grant, 99 NYS2d 602, 603 [Sup Ct New York County 1950]; citing Stokes Coal Co. v Garguilo, 225 AD, 281 [1st Dept 1938], affd , 280 NY 616 [1939]) (Level 8 Defendants' Conclusions of Law at ¶ 290). | 1 | 2018–2018 |
Fischer v. Sadov Realty Corp.
green
1 sentence2018The plaintiff failed to allege the existence of an unsatisfied judgment against Kirit, which is an essential element of a cause of action pursuant to Debtor and Creditor Law § 273-a ( see Fishcer v Sadov Realty Corp ., 34 AD3d 632 ; Frybergh v Weissman , 145 AD2d 531, 531-532 ; see also Coyle v Lefkowitz , 89 AD3d 1054, 1056 ). | 1 | 2018–2018 |
Frybergh v. Weissman
green
1 sentence2018The plaintiff failed to allege the existence of an unsatisfied judgment against Kirit, which is an essential element of a cause of action pursuant to Debtor and Creditor Law § 273-a ( see Fishcer v Sadov Realty Corp ., 34 AD3d 632 ; Frybergh v Weissman , 145 AD2d 531, 531-532 ; see also Coyle v Lefkowitz , 89 AD3d 1054, 1056 ). | 1 | 2018–2018 |
CDR Créances S.A.S. v. Cohen
green
1 sentence2016However, the court should have awarded prejudgment interest on petitioner’s claim for fraudulent conveyance under Debtor and Creditor Law § 273 (see CDR Créances S.A.S. v Cohen, 104 AD3d 17 , 30 [1st Dept 2012], afifd as mod 23 NY3d 307 [2014]). | 1 | 2016–2016 |
CDR Créances S.A.S. v. Cohen
green
1 sentence2016However, the court should have awarded prejudgment interest on petitioner’s claim for fraudulent conveyance under Debtor and Creditor Law § 273 (see CDR Créances S.A.S. v Cohen, 104 AD3d 17 , 30 [1st Dept 2012], afifd as mod 23 NY3d 307 [2014]). | 1 | 2016–2016 |
| Brumbaugh v. Ledes neutral | 1 | 2011–2011 |
| Mega Personal Lines, Inc. v. Halton green | 1 | 2004–2004 |
| Insilco Corp. v. Star Services, Inc. green | 1 | 2004–2004 |
| St. Teresa's Nursing Home v. Vuksanovich green | 1 | 2003–2003 |
| Kaplan v. Kaplan green | 1 | 2003–2003 |
| Lade v. Parker neutral | 1 | 2003–2003 |
| Glasser v. Kashinsky green | 1 | 2001–2001 |
| North Fork Bank v. Schmidt neutral | 1 | 2001–2001 |
| Held v. Kaufman green | 1 | 2000–2000 |
| Coccio v. Parisi green | 1 | 1998–1998 |
| Rubenstein v. Rosenthal green | 1 | 1994–1994 |
| Deborah International Beauty, Ltd. v. Quality King Distributors, Inc. green | 1 | 1994–1994 |
| Quadrozzi Concrete Corp. v. Mastroianni green | 1 | 1993–1993 |
| Laco X-Ray Systems, Inc. v. Fingerhut green | 1 | 1990–1990 |
| Schmitt v. Morgan green | 1 | 1990–1990 |
| Schoenberg v. Schoenberg green | 1 | 1986–1986 |
| Schoenberg v. Schoenberg green | 1 | 1986–1986 |
| In re General Assignment for the Benefit of Creditors of International Ribbon Mills, Ltd. green | 1 | 1983–1983 |
| In re the General Assignment for the Benefit of Creditors of International Ribbon Mills, Ltd. neutral | 1 | 1983–1983 |
| American Metal Finishers, Inc. v. Palleschi green | 1 | 1983–1983 |
| Republic Insurance v. Levy neutral | 1 | 1982–1982 |
| Corbin v. Litke neutral | 1 | 1982–1982 |
| Hohenrath v. Wallach green | 1 | 1980–1980 |
| Hohenrath v. Wallach green | 1 | 1980–1980 |
| Billings v. . Russell neutral | 1 | 1968–1968 |
| Ensign v. Klekosky neutral | 1 | 1968–1968 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.