From Casetext: Smarter Legal Research

Kimmelsman v. Bishop

Appellate Division of the Supreme Court of New York, Second Department
May 7, 1937
251 App. Div. 724 (N.Y. App. Div. 1937)

Opinion

May 7, 1937.


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 10 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 complaint. These causes of action are not within the purview of section 278 Debt. Cred. of the Debtor and Creditor Law. Carswell, Adel, Taylor and Close, JJ., concur; Lazansky, P.J., not voting.


Summaries of

Kimmelsman v. Bishop

Appellate Division of the Supreme Court of New York, Second Department
May 7, 1937
251 App. Div. 724 (N.Y. App. Div. 1937)
Case details for

Kimmelsman v. Bishop

Case Details

Full title:BEN KIMMELSMAN, Respondent, v. NATHAN BISHOP, ELIZABETH BISHOP, N. BISHOP…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: May 7, 1937

Citations

251 App. Div. 724 (N.Y. App. Div. 1937)

Citing Cases

James v. Powell

In Quinby ( supra) recovery against the judgment debtor as one of the conspirators in a tortious conspiracy…

Vinlis Constr. Co. v. Roreck

Sections 276-a, 278 and 279 of the Debtor and Creditor Law recognize an action to set aside a conveyance or…