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WONG v. WONG

Index No. 653145/13. Appeal No. 15434. Case No. 2020-05046.

203 A.D.3d 451 (2022)

164 N.Y.S.3d 583

2022 NY Slip Op 01408

Arthur Wong, Appellant-Respondent, v. Kenneth Wong, Defendant, and Yu Dan Wong, Respondent-Appellant.

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

Decided March 3, 2022.

Attorney(s) appearing for the Case

Law Offices of Dean T. Cho, LLC, Forest Hills (Dean T. Cho, of counsel), for appellant-respondent.

Freshfields Bruckaus Deringer US LLP, New York (Umer M. Ali, of counsel), for respondent-appellant.

Gibson, Dunn & Crutcher LLP, New York (Christopher D. Belelieu, of counsel), for amici curiae.

Concur—Renwick, J.P., Moulton, Rodriguez, Pitt, JJ.

The motion court correctly denied summary judgment to both parties on plaintiff's cause of action for a declaration that he is the sole owner of the shares for the cooperative apartment, and on defendant's counterclaims for actual and constructive fraudulent conveyance under the former Debtor and Creditor Law. Although the 2004 agreement executed by plaintiff, his brother Kenneth Wong, and an officer of the nonparty cooperative, together with the 2004 stock certificate signed...

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