Cooper v. Rayro Realty Corp.

Appellate Division of the Supreme Court of New York

Cooper v. Rayro Realty Corp.

263 A.D. 964, 33 N.Y.S.2d 27, 1942 N.Y. App. Div. LEXIS 7622

CourtAppellate Division of the Supreme Court of the State of New York

DecidedFebruary 16, 1942

StatusPublished

Cited by1 cases

This text of 263 A.D. 964 (Cooper v. Rayro Realty Corp.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cooper v. Rayro Realty Corp., 263 A.D. 964, 33 N.Y.S.2d 27, 1942 N.Y. App. Div. LEXIS 7622 (N.Y. Ct. App. 1942).

Pincite

Opinion

Judgment creditor’s action to set aside the alleged fraudulent transfer of real property and to decree that the defendants hold the property as constructive trustees. Plaintiff filed a lis pendens. Upon motion of respondent Goldstein, the lis pendens was canceled upon his filing a bond in the amount of $7,500, but the court also directed that the bond be conditioned upon plaintiff’s establishing against the property a lien, which at the time of the filing of the lis pendens was superior to the interest of the defendant Goldstein in the property. Order modified on the law by striking from the first ordering paragraph everything following the words “ judgment herein ” down to and including the words “ in said property.” As thus modified, the order is affirmed, with ten dollars costs and disbursements to appellant. The order should have been limited to substituting the bond for the property. Hagarty, Carswell, Johnston, Taylor and Close, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Judgment creditor’s action to set aside the alleged fraudulent transfer of real property and to decree that the defendants hold the property as constructive trustees. Plaintiff filed a lis pendens. Upon motion of respondent Goldstein, the lis pendens was canceled upon his filing a bond in the amount of $7,500, but the court also directed that the bond be conditioned upon plaintiff’s establishing against the property a lien, which at the time of the filing of the lis pendens was superior to the interest of the defendant Goldstein in the property. Order modified on the law by striking from the first ordering paragraph everything following the words “ judgment herein ” down to and including the words “ in said property.” As thus modified, the order is affirmed, with ten dollars costs and disbursements to appellant. The order should have been limited to substituting the bond for the property. Hagarty, Carswell, Johnston, Taylor and Close, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

263 A.D. 964, 33 N.Y.S.2d 27, 1942 N.Y. App. Div. LEXIS 7622, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cooper-v-rayro-realty-corp-nyappdiv-1942.

Opinion

Related

Cite This Page — Counsel Stack