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FIRST NATIONAL BANK OF MARYLAND v. FANCY

268 A.D.2d 229 (2000)

704 N.Y.S.2d 546

FIRST NATIONAL BANK OF MARYLAND et al., Respondents-Appellants, v. ANWAR FANCY et al., Defendants, and MICHAEL BERMAN, Appellant-Respondent.

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

Decided January 6, 2000.

The previous order of the Supreme Court directed Berman to return to BCI some $100,000 fraudulently conveyed to him by BCI. The court properly modified such order by directing that the money be paid directly to plaintiff Global. This action was commenced both derivatively and by individual claimants. Direct payment to plaintiff bank, judgment creditor of the now defunct BCI, did not defeat any priority held by stockholders and is a recognition of the realities of the situation...

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