The Former DCL Remains On The Docket
- May 15 2024
By: Jeffrey M. Haber As readers of this Blog know, on December 6, 2019, the State of New York joined the vast majority of jurisdictions to adopt the Uniform Voidable …
Category: Badges of Fraud
Fraudulent Conveyances Under The Former DCL
- Feb 2 2022
By: Jeffrey M. Haber On April 4, 2020, the New York Uniform Voidable Transactions Act (“NYUVTA”) became effective, replacing Article 10, Sections 270-281 of the Debtor and Creditor Law (“DCL”), …
First Department Affirms Finding That Transfer of Property to Newly Created Company To Avoid Foreclosure Judgment Fraudulent For Purposes of Former DCL § 276
- Nov 23 2020
Sometimes, a case involves facts and circumstances that, on their face, lead a court to determine that a fraud was committed. Such was the case in First Franklin Fin. Corp. …
Court Addresses Various Claims By Minority Shareholder Allegedly Oppressed By The Actions of The Majority
- Sep 30 2020
In looking at the causes of action asserted in Kocak v. Dargin, 2020 N.Y. Slip Op. 33121(U) (Sup. Ct., N.Y. County Sept. 23, 2020) (here), one could walk away with …
Second Department Affirms Denial of Summary Judgment Motion Finding Issues of Fact Surrounding Fraud and Fraudulent Conveyance Claims
- Jun 6 2019
Sometimes a decision goes in a direction that the reader does not expect. Bashian & Farber, LLP v. Syms, 2019 N.Y. Slip Op. 04348 (2d Dept. June 5, 2019) (here), …
