This is an attempt to apply an unusual and, in this case, vexatious, remedy to a thoroughly mundane situation. It takes the form of an action to set aside a transfer of real property on the grounds that it was intended to defraud the plaintiff in the pursuit of his legal rights. The defendants move to dismiss on the grounds of failure to state a cause of action (CPLR 3211, subd [a], par 7). Plaintiff cross-moves for priority in...
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