Legal Opinion
Mostel v. Petrycki
New York Supreme Court
Decided September 2, 2009PublishedCited by 4 opinions
1Opinion of the Court
*930OPINION OF THE COURT
Edward H. Lehner, J.
Before the court is a motion by defendant to dismiss the complaint pursuant to CPLR 3211 (a) (5), (7) and 3016 (b). Plaintiffs complaint asserts five causes of action. Four are based on an asserted fraudulent conveyance pursuant to Debtor and Creditor Law §§ 273, 273-a, 276 and 276-a. A fifth cause of action is premised on a claim of unjust enrichment.
The dispositive issue before the court is whether the monies withdrawn by defendant on August 8, 2005 from Fulcrum Global Partners, LLC, a Delaware limited liability company, of which defendant was the…
2Cases cited6 opinions
- Leon v. MartinezNew York Court of Appeals · 1994
- Biondi v. Beekman Hill House Apartment Corp.New York Court of Appeals · 2000
- Biondi v. Beekman Hill House Apartment Corp.Appellate Division of the Supreme Court of the State of New York · 1999
- O'Connell v. Shallo (In Re Die Fliedermaus LLC)United States Bankruptcy Court, S.D. New York · 2005
- Rands, LLC v. Young (In Re Young)United States Bankruptcy Court, D. New Jersey · 2009
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3Cited by4 opinions
- Official Committee of Unsecured Creditors of Vivaro Corp. v. Leucadia National Corp. (In re Vivaro Corp.)United States Bankruptcy Court, S.D. New York · 2015
- Yann Geron, Chapter 7 Tr., Direct Access Partners, LLC v. Craig (In re Direct Access Partners, LLC)United States Bankruptcy Court, S.D. New York · 2019
- Ashley Techner v. Helen GreenbergCourt of Appeals for the Sixth Circuit · 2014
- In re the Estate of RubinNew York Surrogate's Court · 1990