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NINTH SPACE LLC v. GOLDMAN

Index No. 655957/17. Appeal No. 13445. Case No. 2020-02256.

192 A.D.3d 594 (2021)

2021 NY Slip Op 01853

Ninth Space LLC et al., Appellants, v. James Goldman et al., Defendants, and The Bluestone Group et al., Respondents.

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

Decided March 25, 2021.

Attorney(s) appearing for the Case

Dewey Pegno & Kramarsky LLP, New York ( Anders W. Pauley of counsel), for appellants.

Parness Law Firm, PLLC, New York ( Hillel I. Parness of counsel), for respondents.

Concur—Manzanet-Daniels, J.P., Kern, Moulton, Shulman, JJ.

The amended complaint is defective because it merely alleges that the Bluestone defendants participated in fraudulent transfers, without alleging that they were a transferee of the assets or benefited in any way from the transfers (see e.g. Federal Deposit Ins. Corp. v Porco, 75 N.Y.2d 840, 841-842 [1990]). However, a defective complaint will not be dismissed where affidavits and other evidence amplify inartfully pleaded but potentially...

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