Results & Settlements

APPELLATE VICTORY – TRIAL COURT ORDER DISMISSING PLAINTIFF’S COMPLAINT REVERSED AND COMPLAINT UNDER NEW YORK’S FRAUDULENT CONVEYANCE ACTION REINSTATED

APPELLATE PRACTICE – NEW YORK

Jeffrey W. Varcadipane secured an appellate court victory reversing a trial court order that had dismissed client’s complaint, resulting in the complaint being reinstated. In [Jadron v. 10 Leonard St., LLC, 124 A.D.3d 842 (January 28, 2015)], the trial court dismissed Plaintiff’s action which sought to set aside the conveyance of real estate in violation of New York’s Debtor and Creditor Law, based upon the Trial Court’s determination that Plaintiff’s action was “sufficiently similar” to a prior action filed by Plaintiff under New York’s Labor Law against the same defendants and thus subject to dismissal pursuant to CPLR 3211(a)(4). While Plaintiff had raised argument under New York’s Debtor and Creditor Law in the prior action, no cause of action under that statute had been asserted. On appeal, the Appellate Division, Second Department agreed with Mr. Varcadipane’s arguments and found that ” the claims asserted in both actions are not “sufficiently similar” to warrant dismissal simply because the plaintiff raised an argument pertaining to constructive fraud as a basis for the imposition of liability upon 10 Boulevard for violation of Labor Law § 240(1) in the personal injury action. Accordingly, the Supreme Court should not have granted the defendants’ motion pursuant to CPLR 3211(a)(4) to dismiss the amended complaint in the instant action”.

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