Kimmelsman v. Bishop

Appellate Division of the Supreme Court of New York

Kimmelsman v. Bishop

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

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

DecidedMay 7, 1937

StatusPublished

Cited by6 cases

This text of 251 A.D. 724 (Kimmelsman v. Bishop) 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

Kimmelsman v. Bishop, 251 A.D. 724, 295 N.Y.S. 601, 1937 N.Y. App. Div. LEXIS 7238 (N.Y. Ct. App. 1937).

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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.

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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.

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Bluebook (online)

251 A.D. 724, 295 N.Y.S. 601, 1937 N.Y. App. Div. LEXIS 7238, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kimmelsman-v-bishop-nyappdiv-1937.

Opinion

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