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FLOWERS v. 73RD TOWNHOUSE, LLC

Index No. 651036/10. Appeal No. 15191. Case No. 2021-00026.

202 A.D.3d 403 (2022)

162 N.Y.S.3d 41

2022 NY Slip Op 00627

J. Christopher Flowers, Respondent-Appellant, v. 73rd Townhouse, LLC, et al., Appellants-Respondents, et al., Defendants.

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

Decided February 1, 2022.

Attorney(s) appearing for the Case

Goldberg Weprin Finkel Goldstein LLP, New York (J. Ted Donovan of counsel), for appellants-respondents.

Law Office of Mark H. Goldey, New York (Mark H. Goldey of counsel), and Brem Moldovsky, L.L.C., New York (Brem Moldovsky of counsel), for respondent-appellant.

Concur—Kern, J.P., Friedman, Singh, Rodriguez, JJ.

Plaintiff established prima facie entitlement to summary judgment on his claims under Debtor and Creditor Law former §§ 273 and 274 by showing that Owner transferred sums of money to the Rinzlers or their family limited partnership, all insiders, during a period in which it was insolvent (see American Media, Inc. v Bainbridge & Knight Labs., LLC, 135 A.D.3d 477, 478 [1st Dept 2016]; Wall St. Assoc. v Brodsky,

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