Opinion
October 5, 1942.
Action to set aside as a fraud on creditors the transfer of certain moneys by defendant Joseph Reisman to defendant Sophie Reisman, which moneys he borrowed or was entitled to borrow individually under two policies of life insurance, and which borrowings were or could be had without any joint action on the part of the beneficiary under the policies. Order denying motion under rule 106 of the Rules of Civil Practice, to dismiss the amended complaint as insufficient in law affirmed, with ten dollars costs and disbursements, with leave to defendants to answer within ten days from the entry of the order hereon. Former section 55-a Ins. of the Insurance Law (Cons. Laws, ch. 28) does not bar the maintenance of this action. Hagarty, Carswell, Adel, Taylor and Close, JJ., concur.