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CDR CRÉANCES S.A.S. v. COHEN

7277-7278-109565/03E, 600448/06E, 7279A.

104 A.D.3d 17 (2012)

957 N.Y.S.2d 75

2012 NY Slip Op 9189

CDR CRÉANCES S.A.S., as Successor to SOCIETE DE BANQUE OCCIDENTALE, Respondent, v. MAURICE COHEN, Appellant, et al., Defendants. CDR CRÉANCES, S.A.S., as Successor to SOCIETE DE BANQUE OCCIDENTALE, Respondent, v. LEON COHEN, Also Known as LEON LEVY, et al., Appellants, et al., Defendants.

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

December 27, 2012.

Attorney(s) appearing for the Case

Dewey Pegno & Kramarsky LLP, New York City ( David S. Pegno of counsel), for appellants.

Kellner Herlihy Getty & Friedman LLP, New York City ( Douglas A. Kellner of counsel), for respondent.

GONZALEZ, P.J., RENWICK and RICHTER, JJ., concur with TOM, J.; CATTERSON, J., dissents in a separate opinion.

OPINION OF THE COURT

Tom, J.

This matter arises out of the diversion of the proceeds of a loan made by plaintiff's predecessor in interest to finance the renovation of a Manhattan property as a hotel. The conversion of the funds was accomplished by capital transfers to shell entities controlled by defendants Maurice Cohen and his son, Leon (collectively, the Cohens).1 They were assisted...

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