Opinion
Argued January 18, 2001.
March 19, 2001.
In an action to set aside the transfer of certain real property as fraudulent, the defendant Benjamin Oratz appeals and the defendant Westmoreland Associates separately appeals from an order of the Supreme Court, Queens County (Golar, J.), dated December 14, 1999, which denied their respective motions for summary judgment dismissing the complaint insofar as asserted against them.
Bienenfeld Wertman, New York, N.Y. (Zalman Schochet of counsel), and Heller, Horowitz Feit, P.C., New York, N Y (Clifford J. Bond of counsel), for appellants (one brief filed).
Bauman Katz Grill, LLP, New York, N.Y. (Daniel E. Katz, David M. Grill, and Russell M. Wolfson of counsel), for respondent.
Before: LAWRENCE J. BRACKEN, P.J., GLORIA GOLDSTEIN, HOWARD MILLER, SANDRA J. FEUERSTEIN, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
The Supreme Court properly denied the defendants' motions for summary judgment as there are triable issues of fact (see, CPLR 3212[b]; Liberty Co. v. Boyle, 272 A.D.2d 380; Glasser v. Kashinsky, 237 A.D.2d 252; Grumman Aerospace Corp. v. Rice, 199 A.D.2d 365).