From Casetext: Smarter Legal Research

Rentz v. Brodsky

Supreme Court, Special Term, Kings County
Mar 12, 1940
174 Misc. 554 (N.Y. Sup. Ct. 1940)

Opinion

March 12, 1940.

Nathaniel Roven, for the plaintiff.

Bertram Lichtenberg, for the defendants.


This action was brought to recover on a bond and to set aside the conveyances of certain real property made subsequent to the execution of the bond. The said section provides that attorney's fees of a judgment creditor shall be fixed by the trial justice "in an action brought by a judgment creditor to set aside a conveyance by a judgment debtor." At the time the action was brought, the plaintiff could not be said to be a judgment creditor. Her claim had not yet been reduced to judgment. I hold that section 276-a must be strictly construed and the motion is, therefore, denied, without costs. Settle order on notice.


Summaries of

Rentz v. Brodsky

Supreme Court, Special Term, Kings County
Mar 12, 1940
174 Misc. 554 (N.Y. Sup. Ct. 1940)
Case details for

Rentz v. Brodsky

Case Details

Full title:ANNA RENTZ, Plaintiff, v. IDA BRODSKY and Others, Defendants

Court:Supreme Court, Special Term, Kings County

Date published: Mar 12, 1940

Citations

174 Misc. 554 (N.Y. Sup. Ct. 1940)
20 N.Y.S.2d 65

Citing Cases

In re Kovler

As stated by the Supreme Court in Lazar v. Towne House Restaurant Corp., 142 N.Y.S.2d 315, 321 (N.Y.Sup.Ct.…

Greenwood Packing Corp. v. Triangle Meat & Provisions Corp.

69, should be left undisturbed. The trial court did not err in dismissing the plaintiff's cause of action for…