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PARSONS & WHITTEMORE, INC. v. ABADY LUTTATI KAISER SAURBORN & MAIR, P.C.

309 A.D.2d 665 (2003)

765 N.Y.S.2d 861

PARSONS & WHITTEMORE, INC., Respondent, v. ABADY LUTTATI KAISER SAURBORN & MAIR, P.C., et al., Appellants, et al., Defendants. PARSONS & WHITTEMORE, INC., Respondent, v. ABADY LUTTATI KAISER SAURBORN & MAIR, P.C., et al., Defendants, and CAROL M. LUTTATI, Appellant.

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

Decided October 28, 2003.

Plaintiff commenced this action for fraudulent conveyance under the actual fraud provision of Debtor and Creditor Law § 276 and the constructive fraud provisions of Debtor and Creditor Law §§ 273-a, 274 and 275, to collect monies due from the debtor law firm in consequence of the failure of certain defendants at the expiration of the lease term to deliver possession of space subleased to them by plaintiff. Plaintiff alleges, inter alia, that defendants believed...

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