The plaintiff sought a certificate of pending litigation (CPL) over a commercial property allegedly transferred through corporate entities to defeat enforcement of a judgment debt.
The defendants opposed the CPL and moved for partial summary judgment dismissing the claims relating to the property.
The court applied the summary judgment framework articulated in Combined Air Mechanical Services Inc. v. Flesch and held that the documentary record permitted full appreciation of the issues without a trial.
Although suspicious circumstances existed, the plaintiff failed to establish essential elements of a fraudulent conveyance, including lack of consideration and knowledge by the transferee.
The property was heavily encumbered and had negative equity at the time of transfer, and statutory and equitable claims were either unsupported or barred.
Partial summary judgment was granted and the CPL request dismissed.
