Opinion
February 26, 1962
In an action to set aside an alleged fraudulent conveyance of a parcel of real property and for other relief, the defendants appeal from an order of the Supreme Court, Nassau County, dated December 4, 1961, which denied their motion to dismiss the complaint, pursuant to subdivision 4 of rule 106 of the Rules of Civil Practice, on the ground it does not state facts sufficient to constitute a cause of action. Order affirmed, with $10 costs and disbursements. Defendants' time to serve their answer is extended until 20 days after entry of the order hereon. The complaint in substance alleges that plaintiffs are judgment creditors of defendant Melvyn Kevin; that the latter and his wife, defendant Judith Kevin, were owners as tenants by the entirety of the real property in question; that an execution issued on the judgment debtor's personal property was returned unsatisfied; that thereafter both of said defendants (Melvyn and Judith Kevin) conveyed the real property to Judith Kevin; and that such conveyance was made without consideration, with intent to defraud the plaintiffs, and while defendant Melvyn Kevin was insolvent. We are in accord with the Special Term that under section 278 Debt. Cred. of the Debtor and Creditor Law the complaint is sufficient. Beldock, P.J., Ughetta, Kleinfeld, Christ and Hopkins, JJ. concur.