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140 W. 57TH STREET BUILDING LLC v. BERRIE

Index No. 652757/15. Appeal No. 15857. Case No. 2021-03361.

205 A.D.3d 401 (2022)

168 N.Y.S.3d 32

2022 NY Slip Op 02935

140 W. 57th Street Building LLC, Appellant, v. Angelica Berrie et al., Respondents, et al., Defendants.

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

Decided May 3, 2022.

Attorney(s) appearing for the Case

Cozen O'Connor, New York (Jesse R. Loffler of counsel), for appellant.

Meister Seelig & Fein LLP, New York (Justin R. Bonanno of counsel), for Angelica Berrie, Russ Teddy Bear Investments LLC., and 188 Lafayette LLC, respondents.

Derfner & Gillett, LLP, New York (David P. Gillett of counsel), for Kate's Paperie LLC, K.P. Creative Ltd., and K.P. LLC, respondents.

Concur—Renwick, J.P., Kapnick, Friedman, Rodriguez, Pitt, JJ.

A security interest granted to the Leonard Flax Family Partnership II, LP and Leonard Flax (the Flax security interest), which was perfected in 2008, did not bar the entire complaint, as the amount of secured debt at the time of the allegedly fraudulent transactions did not exceed plaintiff's judgment (see Chemtex, LLC v St. Anthony Enters., Inc., 490 F.Supp.2d 536, 545 [SD NY 2007]; Tese-Milner v Bon Seung Kim [In re Level...

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