Rentz v. Brodsky
This text of 174 Misc. 554 (Rentz v. Brodsky) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
This action was brought to recover on a bond and to set aside the conveyances of certain real property made subsequent to the execution of the bond. The said section provides that attorney’s fees of a judgment creditor shall be fixed by the trial justice “ in an action brought by a judgment creditor to set aside a conveyance by a judgment debtor.” At the time the action was brought, the plaintiff could not be said to be a judgment creditor. Her claim had not yet been reduced to judgment. I hold that section 276-a must be strictly construed and the motion is, therefore, denied, without costs. Settle order on notice.
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Cite This Page — Counsel Stack
174 Misc. 554, 20 N.Y.S.2d 65, 1940 N.Y. Misc. LEXIS 1765, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rentz-v-brodsky-nysupct-1940.