MATTER OF WIMBLEDON FUND, SPC v. WESTON CAPITAL PARTNERS MASTER FUND II, LTD.

11635. 160576/17.

184 A.D.3d 448 (2020)

126 N.Y.S.3d 93

2020 NY Slip Op 03279

In the Matter of Wimbledon Fund, SPC (Class TT), Respondent, v. Weston Capital Partners Master Fund II, Ltd., Appellant, et al., Respondent.

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

Decided June 11, 2020.


In this turnover proceeding, petitioner—a judgment creditor— seeks to recover funds from Weston, alleging that there was a fraudulent conveyance from judgment debtor Swartz IP Services Group Inc. (SIP) to Weston. Weston's contention that petitioner lacked standing because it released SIP is unavailing. While the settlement and release agreement that petitioner, SIP, and others signed in another action is not as clear as the one in Koehler v Bank of Bermuda...

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