Opinion
May 30, 1995
Appeal from the Supreme Court, Westchester County (Rosato, J.).
Ordered that the order entered August 11, 1993, is reversed, on the law, the motion for clarification of the order entered June 30, 1993, is denied, and the complaint is reinstated as against the defendant Norman H. Donald III; and it is further,
Ordered that the order entered June 30, 1993, is modified by deleting the provisions thereof granting the motion of the defendants Project Tanker and Norman H. Donald III, the separate motion of the defendant Great Marine Limited, and the separate motion of Petroship Partners Limited I and the remaining defendants (excluding Howard C. Story) to dismiss the complaint as against the movants and substituting therefor a provision denying the motions; as so modified, the order is affirmed, and the complaint is reinstated in its entirety; and it is further,
Ordered that the plaintiff is awarded one bill of costs.
Deeming the allegations in the complaint as true and affording the plaintiff the benefit of every possible favorable inference (see, Leon v Martinez, 84 N.Y.2d 83, 87-88), the second cause of action asserted against the defendant Petroship Partners Limited I and the fifth cause of action asserted against the limited partners states a cognizable claim to set aside a fraudulent conveyance (see, Debtor and Creditor Law §§ 273-a, 277; Durrant v Kelly, 186 A.D.2d 237; Moore Adv. Agency v I.H.R., Inc., 114 A.D.2d 484). The complaint also alleges a cognizable claim against the defendant general partners (see, Meyer v Park S. Assocs., 159 A.D.2d 337; Propoco, Inc. v Birnbaum, 157 A.D.2d 774).
The plaintiff's remaining contentions are either without merit or do not require reversal. Pizzuto, J.P., Joy, Friedmann and Goldstein, JJ., concur.