Wonder Works Construction Corp. v. James Seery, (unpublished opinion, [Sup Ct., NY Cty, 2010])
In this case, we represented the Plaintiff – a general contractor. The Defendant was the principal of one of the former subcontractors of the Plaintiff, J. Seery Construction Corp.
In a prior action (Wonder Works Construction Corp. v. J. Seery Construction Corp., New York County Index No. 107122/2007), the company appeared, and then defaulted. Consequently, we obtained a judgment against the company by default for $299,291.03.
When that judgment returned unsatisfied, we began a lawsuit against James Seery, the principal and sole owner of the company alleging fraudulent conveyance.
The Defendant made a pre-answer motion to dismiss claiming that we failed to allege the fraud sufficiently.
The Supreme Court, New York County, denied the Defendant’s motion, finding that the facts were in the sole possession of the Defendant, and discovery was necessary for us to make sufficient allegations.
You can read the order here.