SARDIS v. FRANKEL

115328/10, 10417

113 A.D.3d 135 (2014)

978 N.Y.S.2d 135

2014 NY Slip Op 80

JEFFREY SARDIS et al., Respondents, v. SOFIA FRANKEL et al., Appellants.

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

Decided January 7, 2014.


Attorney(s) appearing for the Case

Michael L. Paikin, P.C., New York City ( Michael L. Paikin of counsel), for Sofia Frankel, appellant.

Law Offices of Gabriel Del Virginia, New York City ( Gabriel Del Virginia of counsel), for Michael Frankel, appellant.

Wollmuth Maher and Deutsch LLP, New York City ( Michael P. Burke and William F. Dahill of counsel), for respondents.

ACOSTA, SAXE and FREEDMAN, JJ., concur.


OPINION OF THE COURT

Tom, J.P.

At issue is whether defendant Sofia Frankel's conveyance of a Manhattan condominium apartment to her son, defendant Michael Frankel, was constructively fraudulent pursuant to Debtor and Creditor Law §§ 273-a and 278. This Court concludes that the transaction fails to comply with the good faith requirement of section 272 of the statute and was without fair consideration. Thus, the transfer was properly set aside.<...

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