Ableco Finance LLC v. Hilson

*417Order, Supreme Court, New York County (Shirley Werner Kornreich, J.), entered August 12, 2010, which denied defendants’ motion to dismiss the complaint, unanimously modified, on the law, to grant the motion as to the claim that defendants failed to structure the demand loan so as to protect plaintiff’s security interest in the borrower’s primary bank accounts, thereby placing a loan repayment at risk of being set aside as a “voidable preference,” and otherwise affirmed, without costs.

The documentary evidence does not conclusively establish a defense to plaintiff’s allegations that defendants…