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AMP SERVICES LIMITED v. WALANPATRIAS FOUNDATION

34 A.D.3d 231 (2006)

824 N.Y.S.2d 37

AMP SERVICES LIMITED, Trustee of The Walter and Anna Bronner Trust, as Assignee of the Estate of HARRY JOSEPH, Deceased, and Others, Respondent-Appellant, v. WALANPATRIAS FOUNDATION, Also Known as DORAW and Others, Appellant-Respondent. AMP SERVICES LIMITED, Trustee of The Walter and Anna Bronner Trust, as Assignee of the Estate of HARRY JOSEPH, Deceased, and Others, Respondent, v. WALANPATRIAS FOUNDATION, Also Known as DORAW and Others, Appellant.

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

Decided November 2, 2006.

In this action alleging the fraudulent transfer of a stock portfolio, the motion court properly found that plaintiff adequately pleaded a cause of action under Debtor and Creditor Law § 276 based upon "badges of fraud" including, inter alia, the alleged transfer pursuant to defendants' direction of the assets in the disputed DORAW account from Lehman Brothers, Inc. in New York to Lehman Brothers International in Europe while defendants were aware that plaintiff had secured...

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