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BLERU REALTY CORP. v. 158 EAST 23RD ST. REST. CORP.

200 A.D.2d 547 (1994)

607 N.Y.S.2d 19

Bleru Realty Corp., Respondent, v. 158 East 23rd Street Rest. Corp., Defendant, and Arnold A. Stevens et al., Appellants

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

January 27, 1994

Plaintiff failed to allege sufficient facts (see, Daniels v Empire-Orr, Inc., 151 A.D.2d 370, 371) to sustain the claim under Debtor and Creditor Law § 273 that the January 1991 security interest conveyance rendered defendant insolvent and was not for fair consideration. Plaintiff refers to a letter written by defendant's accountant noting defendant's "current financial hardship" as of September 1991 and purported inability...

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