The challenged transfer of the subject townhouse, from defendant Star Services to defendant PRD Holdings, was properly set aside for both constructive and actual fraud (Debtor and Creditor Law §§ 273, 276). Circumstances demonstrating the lack of good faith element of constructive fraud include Star's admitted insolvency at the time of the transfer; the sole ownership of both defendants by the same individual; the effective eradication of the mortgage on the townhouse...
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