Scott Mollen Fraudulent Conveyance; Mixed Use Building: This Week in Scott Mollen's Realty Law Digest
Scott Mollen discusses "Rosner v. Caputo," and "CAC Atl. LLC v. Harmon Stores."
July 25, 2023 at 02:33 PM
18 minute read
Fraudulent Conveyance—Quiet Title—Fraud Claim as to a 2003 Contract Was Not Time-Barred—Plaintiff Alleged That Her Certified Public Accountant Enticed Her Into a "Fraudulent" And "One-Sided" Business Deal—Rescission
The defendant had moved to the dismiss a complaint pursuant to CPLR §3211(a)(1), (5), (7).
The plaintiff claimed that "the defendant was her certified public accountant" (CPA) and the defendant had "told her he would help her with the property she owns…." (property). She alleged that a contract of sale (contract) and joint venture agreement (JVA) was signed by the parties and back dated from July 12, 2004 to Dec. 31, 2003. She alleged that those agreements (agreements) are now "void, invalid and unenforceable."
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