UNITED STATES TRUST CO. OF NEW YORK v. GILL & DUFFUS, INC.


189 A.D.2d 655 (1993)

United States Trust Company of New York, Respondent, v. Gill & Duffus, Inc., et al., Appellants

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

January 14, 1993


The pertinent causes of action (second through fifth) to which defendants' motion is addressed allege fraudulent conveyances of the assets of the defendant Gill & Duffus ("tenant") who is the subtenant of plaintiff landlord under a long-term unexpired lease. The documentary evidence adduced here is tenant's unaudited "Statement of Financial Liabilities" ("Statement").

"In order to prevail on a defense founded on documentary evidence, the document relied...

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