Legal Opinion

Peckar & Abramson, P.C. v. Lyford Holdings, Ltd.

Appellate Division of the Supreme Court of the State of New York

Decided November 17, 2015No. 100005/09 15787Published

1Opinion of the Court

OPINION OF THE COURT

Acosta, J.

At issue in this appeal is a claim under the Debtor and Creditor Law by plaintiff, a judgment creditor with an unpaid judgment against defendant Savoy Little Neck Associates, LP (Savoy), and against defendant Mitchell Stern, a former limited partner of Savoy. Stern received $425,000 for his sale and assignment of his interest in Savoy to defendant Savoy Senior Housing Corp. (SSHC). The source of that payment to Stern was a $722,365.43 property tax refund Savoy received in September 2004, which funds Savoy had turned over to defendant Savoy Management Corporation…

2Cases cited4 opinions

  1. Whitley v. KlauberNew York Court of Appeals · 1980
  2. Moezinia v. DamaghiAppellate Division of the Supreme Court of the State of New York · 1989
  3. Avalon LLC v. Coronet Properties Co.Appellate Division of the Supreme Court of the State of New York · 2003
  4. In Re 37-02 Plaza LLCUnited States Bankruptcy Court, E.D. New York · 2008

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