The plaintiff creditor brought a motion for summary judgment seeking to impose liability on multiple defendants arising from unpaid invoices for tires supplied to a corporate purchaser.
The plaintiff relied on alleged non‑compliance with the Bulk Sales Act and alleged fraudulent conveyances arising from the sale of the debtor company.
The court held that summary judgment was inappropriate because the Bulk Sales Act claim had not been pleaded and the evidentiary record did not establish fraudulent conveyance or liability of the additional defendants.
On a cross‑motion, certain defendants successfully sought to vacate a certificate of pending litigation and dissolve a Mareva injunction obtained ex parte, as the plaintiff failed to demonstrate an interest in land or a strong prima facie case with risk of asset dissipation.
