Martin v. Martin

Full title: JUNE E. MARTIN, Respondent, v. KATHARINE A. MARTIN, Appellant

Court: Court of Appeals of the State of New York

Date published: Jan 9, 1969

245 N.E.2d 801 (N.Y. 1969)

245 N.E.2d 801

298 N.Y.S.2d 68

Opinion

Argued November 27, 1968

Decided January 9, 1969

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, DANIEL E. FITZPATRICK, J.

Saul Berger for appellant.

Sanford Solarz for respondent.

Order modified by striking out the allowance of counsel fees of $1,500 and, as modified, affirmed, without costs. This action under section 276 of the Debtor and Creditor Law does not meet the literal requirement of an action to set aside a conveyance by a debtor within section 276-a in which an allowance of attorney's fees is authorized.

Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, KEATING, BREITEL and JASEN.