The plaintiff moved for summary judgment seeking an order for the sale of a property or a finding of constructive trust, alleging a fraudulent conveyance under the Fraudulent Conveyances Act.
The motion was dismissed as the court found a genuine issue requiring a trial.
The court determined that a full evidentiary record was necessary to properly assess the flow of funds from a prior property sale, an alleged loan by one defendant to his parents (the other defendants), and its repayment, which were central to determining if valuable consideration was given and if the transaction was impeachable.
