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HARTS v. HOROWITZ

21 Misc.2d 631 (1959)

Saul Harts, Plaintiff, v. George Horowitz et al., Defendants.

Supreme Court, Special Term, Queens County.

November 13, 1959.

Attorney(s) appearing for the Case

Max Solorsy for defendants.

Goldman, Horowitz & Cherno for plaintiff.

HAROLD J. CRAWFORD, J.

Motion by the defendants to dismiss the complaint for legal insufficiency on the ground principally that there is no allegation that the defendants or either of them were insolvent at the time of the alleged transfer of title or were rendered insolvent by virtue of such transfer.

Were this action based on sections 271 and 273 of the Debtor and Creditor Law, the defendants would...

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