THOMPSON v. COOPER

6510, 116079/09

91 A.D.3d 461 (2012)

936 N.Y.S.2d 180

2012 NY Slip Op 100

ELAINE THOMPSON, Respondent, v. MEL COOPER, Also Known as MELVIN COOPER, Respondent, and IMPERIAL CAPITAL LLC, Appellant.

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

Decided January 10, 2012.


Petitioner commenced this special proceeding to set aside respondent Cooper's conveyance of his luxury condominium to Imperial, an entity in which he had a substantial stock interest. The petition lacks the factual allegations and evidence required to support a finding that Cooper fraudulently conveyed the condominium to Imperial in violation of Debtor and Creditor Law § 273 (see CPLR 409 [b]; 1091 Riv. Ave. LLC v Platinum Capital Partners, Inc.,

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