Jadron v. 10 Leonard St., LLC

• Decision Date: 28 January 2015
• Citation: 2 N.Y.S.3d 563,124 A.D.3d 842,2015 N.Y. Slip Op. 00730
• Parties: Zdeno JADRON, appellant, v. 10 LEONARD STREET, LLC, et al., respondents.
• Court: New York Supreme Court — Appellate Division

?124 A.D.3d 842
2 N.Y.S.3d 563
2015 N.Y. Slip Op. 00730

Zdeno JADRON, appellant,
v.
10 LEONARD STREET, LLC, et al., respondents.

Supreme Court, Appellate Division, Second Department, New York.

Jan. 28, 2015

Reversed.

[2 N.Y.S.3d 564]

Scott R. Housenbold (Dunne, Browne & Varcadipane, LLC, New York, N.Y. [Jeffrey W. Varcadipane], of counsel), for appellant.

Lazer Aptheker Rosella & Yedid, P.C., Melville, N.Y. (Giuseppe Franzella and Russell L. Pezner of counsel), for respondents.

RANDALL T. ENG, P.J., WILLIAM F. MASTRO, SHERI S. ROMAN, and ROBERT J. MILLER, JJ.

In an action, inter alia, to set aside an alleged fraudulent conveyance pursuant to Debtor and Creditor Law article 10, the plaintiff appeals (1) from an order of the Supreme Court, Dutchess County (Pagones, J.), dated October 25, 2013, which granted the defendants' motion pursuant to CPLR 3211(a)(4) to dismiss the amended complaint, and (2), as limited by his brief, from so much of an order of the same court dated March 14, 2014, as, inter alia, upon renewal, adhered to the original determination.

ORDERED that the order dated October 25, 2013, is reversed, on the law, the defendants' motion pursuant to CPLR 3211(a)(4) to dismiss the amended complaint is denied, and the order dated March 14, 2014, is vacated; and it is further,

ORDERED that the appeal from the order dated March 14, 2014, is dismissed as academic in light of our determination on the appeal from the order dated October 25, 2013; and it is further,

ORDERED that one bill of costs is awarded to the plaintiff.

The defendant Robert A. McAlpine is a real estate developer and the sole member and manager of the defendants 10 Leonard Street, LLC (hereinafter 10 Leonard), and 10 Boulevard, LLC (hereinafter 10 Boulevard). On the morning of October 21, 2010, the plaintiff was injured when he fell approximately 30 feet from the roof of a building on property owned by 10 Leonard which was being converted into artist live/work lofts. Approximately two months later,

[2 N.Y.S.3d 565]

on December 28, 2010, the plaintiff commenced a personal injury action in the Supreme Court, Suffolk County, against several parties, including 10 Leonard, 10 Boulevard, and the project's general contractor, McAlpine Construction Company, Inc., seeking to recover damages for common-law negligence and violations of Labor Law §§ 200, 240(1), and 241(6). In his personal injury complaint, the plaintiff alleged that he had been injured in a fall from a building located at 10 Leonard Street in Beacon, and that the defendants 10 Leonard and 10 Boulevard both owned, managed, controlled, and maintained the premises. On December 30, 2010, two days after the personal injury action was commenced, 10 Leonard transferred approximately one half of its...