Opinion
May 17, 1971
Appeal by plaintiff from an order of the Supreme Court, Westchester County, dated February 22, 1971, which granted a motion by defendant Andree Freudmann to cancel plaintiff's notice of pendency of action and denied plaintiff's cross motion to enjoin said defendant from conveying or further mortgaging the premises in question or, alternatively, to direct an immediate trial or to require said defendant to furnish an undertaking pursuant to CPLR 6515. Order modified by (1) striking from the first decretal paragraph thereof of the provision granting the motion of defendant Andree Freudmann and substituting therefor a provision denying said motion and (2) striking therefrom the second decretal paragraph. As so modified, order affirmed, without costs. Special Term was in error in finding that the mortgage was not a fraudulent conveyance within the meaning of sections 270 Debt. Cred. and 276 Debt. Cred. of the Debtor and Creditor Law. A notice of pendency therefore lies in this proceeding where one cause of action was to set aside the mortgage, which was given by defendant Andree Freudmann to her mother, defendant Bronislawa Goldberg, and which mortgage was allegedly back-dated by defendant Freudmann in an attempt to defraud creditors. Latham, Acting P.J., Gulotta, Christ, Brennan and Benjamin, JJ., concur.