One partner agreed to terms of payment while simult filing suit against another partner for deliberate refusal to dispense debts. Is this fraud?

Company executive X contacted me for services and on 4/28/11 agreed to terms on $48.000.00 invoice. Services were provided with rave reviews. On 5/2/11 partner X filed suit in NYSC against other two partners for controlling all funds of company and running company into closure. this case may be found under Patricia Byrnes Kane vs Scott c Kane NY State. I contend fraud was committed because my terms were accepted on 4/28 yet on 5/2 this suit was filed. Company knew at time they agreed to pay me that they could not pay and would not be able to pay due to this suit, yet they were enriched. I have not been paid 8 months later.