Madison Hudson Associates LLC v. Neumann, 2928.
| Decision Date | 24 February 2004 |
| Docket Number | 2928. |
| Parties | MADISON HUDSON ASSOCIATES LLC et al., Respondents, v. JOSEPH NEUMANN et al., Appellants. |
| Court | New York Supreme Court — Appellate Division |
Issues of fact exist, precluding summary judgment, inter alia, the specific terms of a joint venture agreement between the parties; the possible modification thereof by the November 13 letter agreement; and the conduct of the Achenbaum defendants. With respect to the alleged fraudulent conveyance, the determination of insolvency, or what constitutes fair consideration under Debtor and Creditor Law § 273, is generally one of fact to be determined by the circumstances of a particular case (Matter of American Inv. Bank v Marine Midland Bank, 191 AD2d 690, 691-692 [1993]).
We have considered defendants' remaining arguments and find them to be without merit.
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5 cases
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Can Man Carting, LLC v. Spiezio
...to CMS of the assets and goodwill that JLS purchased from CMC was made without fair consideration (see Madison Hudson Assoc. v. Neumann, 4 A.D.3d 257, 257, 771 N.Y.S.2d 653 ; Serota v. Power House Realty Corp., 274 A.D.2d 427, 427, 711 N.Y.S.2d 778 ). The defendants also failed to establish......
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E. Concrete Materials, Inc. v. Derosa Tennis Contractors, Inc.
...is fraudulent as to the creditors”), issues of fact exist as to the fairness of the consideration (see Madison Hudson Assoc. v. Neumann, 4 A.D.3d 257, 771 N.Y.S.2d 653 [1st Dept.2004] ; see also Wall St. Assoc. v. Brodsky, 257 A.D.2d 526, 528, 684 N.Y.S.2d 244 [1st Dept.1999] ). “A conveyan......
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In the Matter of Aapplication Collier, Halpern, Newberg, Nolletti & Bock, LLP,, 2008 NY Slip Op 31081(U) (N.Y. Sup. Ct. 4/14/2008)
...Inv. Bank, N.A. v. Marine Midland Bank, N.A., 191 A.D.2d 690, 595 N.Y.S.2d 537 (2nd Dept.1993); see, also, Madison Hudson Associates LLC. v. Neumann, 4 A.D.3d 257 (1st Dept. 2004). Moreover, "as a general rule, the relief to which a defrauded creditor is entitled in an action to set aside a......
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Basilico v. ADB LLC, 2008 NY Slip Op 30046(U) (N.Y. Sup. Ct. 1/8/2008)
...fraudulent conveyances. The papers submitted merely raise factual issues to be explored during discovery. See, Madison Hudson Associates v. Neumann, 4 A.D.3d 257 (1st Dep't 2004) which held that "the determination of insolvency, or what constitutes fair consideration under Debtor and Credit......
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