EXCEPTIONAL OPTICALS, INC. v. OPTIMUS, INC.


84 A.D.2d 515 (1981)

Exceptional Opticals, Inc., Appellant, v. Optimus, Inc., et al., Respondents

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

October 13, 1981


A substantial part of plaintiff's claim is conclusively refuted by the documentary evidence — specifically the whole "John Doe" conspiracy whereby the consideration for the alleged fraudulent conveyance is claimed not to have been paid to the corporate seller Forum. The rest of plaintiff's claim is at best not supported by the evidence in the record. Accordingly, plaintiff's motion for summary judgment was properly denied. While defendants make a persuasive showing...

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