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Kimmelsman v. Bishop
251 A.D. 724
N.Y. App. Div.
1937
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Order denying defendants’ motion to dismiss the complaint modified by granting the motion as to the fourth and eighth separate causes of action, and as so modified affirmed, ’ without costs. The first, second, third, fifth, sixth, seventh and ninth causes of ' action set out in the complaint properly state causes of action to have transfers , of property set aside on the ground of fraud pursuant to the provisions of article ^0 of the Debtor and Creditor Law. The fourth and eighth causes of action are actions at law, demanding money judgments on the same claim on which plaintiff already has a money judgment against the individual defendant, as alleged in paragraph twelfth of the eo—nlaint. These causes of action are not within the purview of section 278 of t’ ' debtor and Creditor Law. Carswell, Adel, Taylor ' and Close, JJ., concur; r ky, P. J., not voting.

Case Details

Case Name: Kimmelsman v. Bishop
Court Name: Appellate Division of the Supreme Court of the State of New York
Date Published: May 7, 1937
Citation: 251 A.D. 724
Court Abbreviation: N.Y. App. Div.
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