Justice Donna Mills
Bouvier moved to dismiss plaintiffs’ complaint against him. Beraudiere and Galerie Jacques de la Beraudiere moved to strike paragraphs 84 through 94 as they contained “scandalous and prejudicial material.” Plaintiffs alleged defendants acted to fraudulently induce decedent to sell a Soutine painting for a superficially low price. They also argued Beraudiere, Galerie and Bouvier acted in concert to disguise the true ownership of paintings exhibited and offered for sale by Galerie to avoid successor liability of alleged predecessor entity. Plaintiffs alleged Bouvier’s claim of ownership of a de Kooning painting was part of an overall fraudulent scheme. The court noted a party claiming fraudulent conveyance under Debtor and Creditor Law §273-a must allege insolvency, and lack of fair consideration of the transfer. It stated accepting plaintiffs’ allegations as true, they set forth a cognizable claim against Bouvier for his purported involvement in the alleged fraud as there was a claim he had dominion and control over the painting and derived a benefit from the conveyance. Bouvier’s motion to dismiss the second and fourth causes of action was denied, and as the court found the allegations in paragraphs 84 through 94 were relevant to a claim, striking them was denied.
