MITCHELL v. FIDELITY BORROWING LLC


34 A.D.3d 366 (2006)

827 N.Y.S.2d 107

JUSTIN MITCHELL, Respondent, v. FIDELITY BORROWING LLC, Appellant.

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

Decided November 28, 2006.


Plaintiff failed to demonstrate in satisfaction of the requirements of CPLR 6201 (3) that defendant, "ha[d] assigned, disposed of, encumbered or secreted property, or removed it from the state or [was] about to do any of th[ose] acts." Rather, plaintiff merely alleged that defendant's sudden decision to start a new company was based solely on its intent to defraud plaintiff and to frustrate his efforts to collect any judgment against defendant (see Benedict v Browne,<...

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