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HBE LEASING CORP. v. FRANK

Nos. 873, 1467, 1468, Dockets 94-7607, 94-7635 and 94-7657.

61 F.3d 1054 (1995)

HBE LEASING CORPORATION, Signal Capital Corporation, and John Hancock Leasing Corporation, Plaintiffs-Appellees Cross-Appellants, v. Susan Murphy FRANK, Carl P. Goldstein, Richard A. Stoloff, Goldstein & Stoloff, a partnership, and Wallace Berkowitz, as trustee, Defendants-Appellants Cross-Appellees, Clemence Frank, Defendant-Cross-Appellee, Hiram J. Frank and Kevin Gleason, Defendants.

United States Court of Appeals, Second Circuit.

Decided August 7, 1995.

Attorney(s) appearing for the Case

S. Pitkin Marshall, New York City, for plaintiffs-appellees-cross-appellants.

Judd Burstein, New York City (Marc Fernich, Gregory Fleesler, New York City, of counsel and on the brief), for defendants-appellants Susan Murphy Frank and Wallace Berkowitz, as trustee.

Carl P. Goldstein, Monticello, NY (Richard A. Stoloff, Goldstein & Stoloff, Monticello, NY, of counsel), for defendants-appellants-cross-appellees Carl P. Goldstein, Richard A. Stoloff and Goldstein & Stoloff, a partnership.

Edward Rubin, New York City (Stewart A. Marin, New York City, of counsel), for defendant-cross-appellee.

Before MINER and PARKER, Circuit Judges, and SCHEINDLIN, District Judge.

PARKER, Circuit Judge:

Facing a $21 million judgment, Hiram J. Frank ("Frank") conveyed the bulk of his considerable property to his lawyers, his fiancee, and his mother. Whether New York fraudulent conveyance law permits the judgment creditor to set aside these conveyances is the issue raised in these appeals from a final judgment of the United States District Court for the Southern District of New York (Brieant, Judge).

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