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Justice Martha L. Luft

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Westhampton Care Center (WCC) sought to recover payments due for services provided to decedent Amico. The court previously denied summary judgment on claims based on Debtor and Creditor Law §§275 and 276 against Gegenheimer in her capacity as executrix, and individually as §§275 and 276 were unenforceable against. Judgment was entered against the estate, but WCC was unable to enforce the existing judgment. The court noted WCC’s “sole impetus for pursuing this case” was to try and prove liability by Gegenheimer in her individual capacity as there was no money in the estate. Yet, it found no new facts were presented at trial, declining to disturb the prior findings. WCC argued withdrawal of Amico’s funds by Gegenheimer from their joint account were fraudulent conveyances, but the basic elements of a fraudulent conveyance was that WCC be a creditor of the transferor, and here, the only party of whom WCC was a creditor was Amico—who did not make the conveyances. Hence §§275 and 276 were inapplicable. The court found there was insufficient proof a conveyance by Amico to Gegenheimer occurred—a foundational requisite of any fraudulent conveyance claim. Dismissing all remaining claims, including against Gegenheimer in her individual capacity.