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SANDS BROTHERS VENTURE CAPITAL II LLC v. PARK AVENUE BANK

652969/14. Appeal No. 13000. Case No. 2020-02938.

190 A.D.3d 658 (2021)

136 N.Y.S.3d 737

2021 NY Slip Op 00512

Sands Brothers Venture Capital II LLC et al., Respondents, v. Park Avenue Bank et al., Defendants, and GEE Group, Inc., Formerly Known as General Employment Enterprises, Inc., Appellant.

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

Decided January 28, 2021.

Attorney(s) appearing for the Case

Smith, Gambrell & Russell, LLP, New York ( John G. McCarthy of counsel), for appellant.

Wallace Neel PLLC, Pearl River ( Wallace Neel of counsel), for respondents.

Concur—Kapnick, J.P., Mazzarelli, Kennedy, Mendez, JJ.

Contrary to GEE's arguments, plaintiffs have standing to sue for fraudulent conveyance (see Schwartz v Boom Batta, Inc., 137 A.D.3d 512, 512-513 [1st Dept 2016]). Moreover, the motion court properly concluded that plaintiffs raised triable issues of fact with respect to the 2010 transactions and the $2.3 million conveyance, pursuant to Debtor and Creditor Law §§ 273 and 276.

Furthermore, GEE's argument that plaintiffs...

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