Thompson v. Cooper

*462Petitioner commenced this special proceeding to set aside respondent Cooper’s conveyance of his luxury condominium to Imperial, an entity in which he had a substantial stock interest. The petition lacks the factual allegations and evidence required to support a finding that Cooper fraudulently conveyed the condominium to Imperial in violation of Debtor and Creditor Law § 273 (see CPLR 409 [b]; 1091 Riv. Ave. LLC v Platinum Capital Partners, Inc., 82 AD3d 404 [2011], appeal dismissed 17 NY3d 769 [2011]; Karr v Black, 55 AD3d 82, 86 [2008], lv denied 11 NY3d 712 [2008]).

However, the petition…