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GUTIERREZ v. BERNARD

55 A.D.3d 384 (2008)

865 N.Y.S.2d 212

RAFAEL DIAZ GUTIERREZ et al., Respondents, v. L. RAUL BERNARD et al., Defendants, and MICHAEL SCHNEIDER et al., Appellants.

Appellate Division of the Supreme Court of the State of New York, First Department.

October 16, 2008.

Plaintiffs allege that defendants Vera and Bernard engaged in a fraudulent conveyance under the Debtor and Creditor Law when Vera assigned her contract to purchase a cooperative apartment at an insider's price. While, as we held in our prior decision in this matter, intangible property—here, the contract to purchase the cooperative apartment—may be subject to execution (Gutierrez v Bernard, 27 A.D.3d 377, 378 [2006...

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