MEMORANDUM ORDER Plaintiff Manuel de Jesus Rosario seeks summary judgment on his actual and constructive fraudulent conveyance claims against defendants 251 E. 123rd St. Realty, LLC (the “Realty”), Jose Palma (“Palma Senior”), Jose Palma Jr. (“Palma Junior”), The Jose Palma Irrevocable Trust (the “Trust”); and Maria M. Vallejos, in her individual capacity and in her capacity as trustee of the Trust. Dkt. No. 19. For the reasons set forth below, the motion is granted. BACKGROUND1 The underlying facts are straightforward and undisputed. On August 3, 2015, plaintiff brought suit for unpaid wages against, among others, defendants the Realty, Palma Senior, and Palma Junior. Pl. 56.1, Dkt. No. 19-1, 1 (the “Wage Action”). Palma Senior is the father of Palma Junior and the sole member of the Realty. Id. 2. At the time of the filing of the Wage Action, the building located at 251 E. 123rd Street, New York, NY 10035 (the “Building”) was owned by the Realty. Id. 2. On March 3, 2020, after a jury trial, the Court entered judgment for plaintiff in the amount of $89,670.35. Id. 5. On March 12, 2020, the Court issued an attachment against the Building. See 15-cv-6049, Dkt. No. 166. A second judgment, for attorneys’ fees and costs, was entered on August 25, 2020 in the amount of $153,536.76. Pl. 56-1 6. Neither judgment has been satisfied. Id. 7. According to the defendants, Palma Senior began creating a family trust around 2016 or 2017, purportedly as part of an estate planning process after he was diagnosed with a heart condition. Pl. 56.1 16. In 2019, Palma Senior created the Trust. Id. 8. He named his sister — Maria M. Vallejos — the trustee. Dkt. No. 20-6 (“Palma Junior Decl.”), at 12:8-10. And he named his four children, including Palma Junior, the beneficiaries of the Trust. Pl. 56-1 54. On September 1, 2020, a deed dated January 28, 2020 (the “January Deed”) was filed, purporting to transfer the Building from the Realty to “Maria M. Vallejos as Trustee of the Trust.” Id. 26. Shortly before the January Deed was executed, Vallejos executed a power of attorney, naming her nephew Palma Junior as her agent for various matters relating to the Building. Id. 21. In a property report executed along with the transfer, Palma Junior represented that the Building had a total assessed value of $629,100. Id. 32. The Realty, however, received no consideration for the Building, and it was rendered insolvent by the transaction. Id.
