![]() Unlike claims under NY Debtor & Creditor Law § 276, the transferor's actual intent is irrelevant under § 273. Fair consideration is defined as: (i) when in exchange for such property, or obligation, as a fair equivalent therefor, and in good faith, property is conveyed or an antecedent debt is satisfied, or (ii) when such property, or obligation is received in good faith to secure a present advance or antecedent debt in amount not disproportionately small as compared with the value of the property, or obligation obtained. Alternatively, under § 273-a a plaintiff must allege that: (1) a transfer was made without fair consideration, (2) at the time of transfer, the conveyor was a defendant in an action for money damages or had a judgment in such an action docketed against him and (3) a final judgment has been rendered against the conveyor that remains unsatisfied. To state such a claim under NY Debtor & Creditor Law § 273, a plaintiff must allege that: (1) a transfer was made without fair consideration, and (2) the transfer rendered the conveyor insolvent. 50222(U), holding that a claim for constructive fraudulent conveyance does not require allegations of scienter, explaining:Īcacia also maintains that the Complaint fails to state a claim for constructive fraudulent conveyance (the third cause of action). West End Equity I, Ltd., 2020 NY Slip Op. On February 18, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Acacia Invs., B.S.C.(C) v. Categories Commercial, Fraudulent Conveyance Claim for Contrauctive Fraudulent Conveyance Does not Require Allegations of Scienter
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