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L&M 353 FRANKLYN AVE. LLC v. STEINMAN

Index No. 650104/20. Appeal No. 15210. Case No. 2021-02649.

202 A.D.3d 440 (2022)

158 N.Y.S.3d 578

2022 NY Slip Op 00724

L&M 353 Franklyn Avenue LLC, Respondent, v. Ari Steinman et al., Appellants, et al., Defendants.

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

Decided February 3, 2022.

Attorney(s) appearing for the Case

Crawford Bringslid Vander Neut, LLP, Staten Island ( Michael J. DeSantis of counsel), for appellants.

Tsyngauz & Associates, P.C., New York ( Steven N. Gordon of counsel), for respondent.

Concur—Kapnick, J.P., Mazzarelli, Gesmer, Kennedy, Pitt, JJ.

The complaint fails to state a cause of action for constructive fraudulent conveyance under former Debtor and Creditor Law §§ 273 and 274 (as amended by Uniform Voidable Transactions Act [L 2019, ch 580, § 2], eff Apr. 4, 2020). Defendants are members of S. Land Development LLC (S. Land), which previously held title to real property and against which plaintiff obtained a money judgment in 2019 in a related action. Plaintiff alleges that defendants transferred...

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