New York SOL Flashcards
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