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Our Playground, Inc. v. Bensadigh

SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION


November 5, 2008

OUR PLAYGROUND, INC., PLAINTIFF-RESPONDENT,
v.
ELI BENSADIGH, MAUREEN BENSADIGH AND Z & B, INC., DEFENDANTS-APPELLANTS.

On appeal from the Superior Court of New Jersey, Law Division, Hudson County, Docket No. L-2653-05.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Argued: October 16, 2008

Before Judges Cuff and C.L. Miniman.

Plaintiff Our Playground, Inc. is a judgment creditor of The Sweater Place, Inc. Defendants Eli Bensadigh and Maureen Bensadigh are the sole shareholders, officers and directors of the judgment debtor. Plaintiff filed a complaint against defendants and defendant Z & B, Inc., a real estate company that leased space to the judgment debtor, alleging that defendants Bensadigh transferred assets for insufficient consideration and for the purpose of hindering creditors, including it. Following a bench trial, Judge Antonin entered judgment in favor of plaintiff and against defendants in the amount of $87,520.72. On appeal, defendants Bensadigh argue that the trial judge misstated and misapplied the law governing fraudulent transfers and mischaracterized the conduct of defendants. We have thoroughly reviewed the record in this matter, including the comprehensive findings of fact and conclusions of law rendered by the trial judge. We discern no basis to disturb the judgment. The facts, as found by Judge Antonin, are well- supported by the record, and she properly applied the law to the facts. R. 2:11-3(e)(1)(A). We, therefore, affirm substantially for the reasons expressed by Judge Antonin in her June 27, 2007 oral opinion.

Affirmed.

20081105

© 1992-2008 VersusLaw Inc.



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