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CDR CRéANCES S.A.S. v. FIRST HOTELS & RESORTS INVS., INC.

4536, 650084/09.

153 A.D.3d 1208 (2017)

2017 NY Slip Op 06723

62 N.Y.S.3d 52

CDR CRÉANCES S.A.S., Respondent, v. FIRST HOTELS & RESORTS INVESTMENTS, INC., Also Known as LES PREMIERS INVESTISSEMENTS HOTELIERS & VILLEGIATURE, INC., Appellant.

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

Decided September 28, 2017.

The motion court correctly found that the transfer into defendant's Union Planters bank account and the pre-January 7, 2004 transfer into its HSBC account did not constitute a new theory of liability. All along, plaintiff's theory of liability has been a fraudulent transfer from nonparty Whitebury Shipping Time Sharing, Ltd. to defendant; thus, the key is Whitebury's intent to hinder, delay, or defraud plaintiff or its predecessor...

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