New York SOL Flashcards
(3 cards)
Badges of fraud that are so commonly associated with fraudulent transfers that their presence gives rise to an inference of an intent to commit fraud SHIFTS
S- secretly done
H- hastily done
I- inadequate consideration for the asset trans.
F- made to a family member or close friend
T- transferor continues to control the property
S- scientor and inability to pay the claim after the transfer
A SOFT RAIN has 3 year statute of limitations:
A- actions that did not exist at common law
S- strict products liability
O- misappropriation of a Corp. or partnership OPPORTUNITY
F- breach of fiduciary duty
T- claim for damages for TRESPASS
R- replevin or conversion
A- annulment of a marriage or fraud
I- tortious interference
N- negligent or professional malpractice
SCARF CRIME has a 6 year statute of limitations:
S- specific performance of a contract
C- breach of contract actions seeking money damages except UCC
A- actions recognized at common law for which the leg. has not provided an SOL
R- reformation of a contract
F- fraud, deceit, or negligent misrepresentation
C- corporate derivative actions R- recission of contract I- indemnification and contribution M- mortgage foreclosures E- other equitable claims