Kimmelsman v. Bishop

251 A.D. 724, 295 N.Y.S. 601, 1937 N.Y. App. Div. LEXIS 7238

Opinion

Order denying defendants’ motion to dismiss the complaint modified by granting the motion as to the fourth and eighth separate causes of action, and as so modified affirmed, ’ without costs. The first, second, third, fifth, sixth, seventh and ninth causes of ' action set out in the complaint properly state causes of action to have transfers , of property set aside on the ground of fraud pursuant to the provisions of article ^0 of the Debtor and Creditor Law. The fourth and eighth causes of action are actions at law, demanding money judgments on the same claim on which plaintiff already has a money judgment against the individual defendant, as alleged in paragraph twelfth of the eo—nlaint. These causes of action are not within the purview of section 278 of t’ ' debtor and Creditor Law. Carswell, Adel, Taylor ' and Close, JJ., concur; r ky, P. J., not voting.