AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

IN THE MATTER OF ROBERT E. STEINBERG, petitioner-respondent, v. LAUREL LEVINE, appellant, SANFORD C. LEVINE, respondent-respondent.

DECISION ORDER

ORDERED that the judgment is affirmed insofar as appealed from, with costs.

Debtor and Creditor Law § 276 provides that "[e]very conveyance made * * * with actual intent * * * to hinder, delay, or defraud either present or future creditors is fraudulent." The requisite intent required by this section need not be proven by direct evidence, but may be inferred from the circumstances surrounding the allegedly fraudulent transfer ( see Marine Midland Bank v. Murkoff, 120 A.D.2d 122). In determining whether a conveyance was fraudulent, the courts will consider "badges of fraud," which are circumstances that accompany fraudulent transfers so commonly that their presence gives rise to an inference of intent ( PenPak Corp. v. LaSalle Natl. Bank of Chicago, 240 A.D.2d 384). These badges of fraud include lack or inadequacy of consideration, family, friendship, or close associate relationship between transferor and transferee, the debtor's retention of possession, benefit, or use of the property in question, the existence of a pattern or series of transactions or course of conduct after the incurring of debt, and the transferor's knowledge of the creditor's claim and the inability to pay it ( see PenPak Corp. v. LaSalle Natl. Bank of Chicago, supra; Shelly v. Doe, 249 A.D.2d 756).

There was sufficient evidence to support the Supreme Court's determination that Sanford Levine transferred his assets to his wife, the appellant Laurel Levine, with the intent to hinder, delay, and defraud present or future creditors. The evidence demonstrated that Sanford Levine transferred his assets, without consideration, to his wife while retaining control over them, and while aware of his financial obligation to the petitioner. Therefore, the Supreme Court properly entered a judgment against Laurel Levine in the amount of the petitioner's judgment against Sanford Levine.

The appellant's remaining contentions are without merit.

SMITH, J.P., GOLDSTEIN, ADAMS and TOWNES, JJ., concur.

Use AI to get other relevant cases.

Comments

IN THE MATTER OF STEINBERG v. LEVINE
(Apr 19, 2004)