MATTER OF BERISHA v. 4042 E. TREMONT CAFÉ CORP.

Index No. 260677/16E. Appeal No. 941. Case No. 2023-00978.

220 A.D.3d 608 (2023)

199 N.Y.S.3d 38

2023 NY Slip Op 05460

In the Matter of Frank Berisha, Appellant, v. 4042 East Tremont Café Corp., Doing Business as "Tosca Café," et al., Respondents.

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

Decided October 31, 2023.


Attorney(s) appearing for the Case

Law Offices of Bernard D'Orazio & Associates, P.C., New York ( Bernard D'Orazio of counsel), for appellant.

Kenneth J. Gorman, P.C., New York ( Kenneth J. Gorman of counsel), for respondents.

Concur—Kern, J.P., Friedman, Kennedy, Pitt-Burke, JJ.


Order, Supreme Court, Bronx County (Andrew J. Cohen, J.), entered February 6, 2023, which denied judgment as a matter of law on the petition, unanimously modified, on the law, to dismiss the claims under Debtor and Creditor Law §§ 273-a, 276, and 276-a, the de facto merger and aiding and abetting fraudulent transfer claims, and the request for punitive damages, and otherwise affirmed, without costs.

Issues of fact exist precluding summary determination of...

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