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Niemann v. Spiwak
243 A.D. 550
N.Y. App. Div.
1934
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Order denying motion to dismiss the complaint on the ground that on its face it fails to state facts sufficient to constitute a cause of action affirmed, with ten dollars costs and disbursements. The complaint stating two causes of action, namely, one for a debt alleged to be owing by defendant William Spiwak to the plaintiff, and a second cause of action alleging a fraudulent conveyance of real property by said Spiwak and his wife, by which it is alleged Spiwak made himself insolvent or with an “ unreasonably small capital ” with intent to defraud the plaintiff, is sufficient on the face thereof and the defendants’ motion to dismiss the complaint was properly denied. Young, Hagarty, Carswell and Tompkins, JJ., concur; Lazansky, P. J., concurs in result.

Case Details

Case Name: Niemann v. Spiwak
Court Name: Appellate Division of the Supreme Court of the State of New York
Date Published: Dec 15, 1934
Citation: 243 A.D. 550
Court Abbreviation: N.Y. App. Div.
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