CARLYLE, LLC v. QUIK PARK 1633 GARAGE LLC

6250 653347/15.

160 A.D.3d 476 (2018)

75 N.Y.S.3d 139

2018 NY Slip Op 02436

The Carlyle, LLC, Respondent, v. Quik Park 1633 Garage LLC et al., Appellants.

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

Decided April 10, 2018.


Plaintiff alleges that defendants engaged in a fraudulent scheme to transfer and dispose of the assets of several related entities (the judgment debtors) in order to thwart plaintiff's ability to collect debts owed by those entities, including judgments in two related actions.

The actual fraudulent conveyance claims, under the common law and Debtor and Creditor Law § 276, should be dismissed because plaintiff failed to allege fraudulent intent with the particularity...

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