CDR Créances S.A.S. v. First Hotels & Resorts Investments, Inc.

Order, Supreme Court, New York County (Lawrence K. Marks, J.), entered on or about February 7, 2017, which denied defendant’s motion for summary judgment dismissing the claims for fraudulent transfer, unjust enrichment, and attorneys’ fees pursuant to Debtor and Creditor Law § 276-a, unanimously modified, on the law, to grant the motion as to the unjust enrichment claims, and otherwise affirmed, without costs.

The motion court correctly found that the transfer into defendant’s Union Planters bank account and the pre-January 7, 2004 transfer into its HSBC account did not constitute a new theory…