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ATSCO LTD. v. SWANSON

29 A.D.3d 465 (2006)

816 N.Y.S.2d 31

ATSCO LTD. et al., Appellants, v. HARYATI ZAINUDIN SWANSON et al., Respondents, et al., Defendant.

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

May 25, 2006.

The court properly found that a conflict exists between New York and Malaysian law in connection with the tort of fraudulent conveyance. Malaysian law imposes liability under its National Land Code only where there is "actual fraud" (see PJTV Denson [M] Sdn Bhd & Ors v Roxy [Malaysia] Sdn Bhd, [1980] 2 MLJ 136, 138). By contrast, New York imposes liability for "constructive fraud" under Debtor and Creditor Law § 273-a with respect to every conveyance made...

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