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AETNA CAS. & SUR. CO. v. HAMBLY

82 A.D.2d 814 (1981)

Aetna Casualty and Surety Company, Appellant-Respondent, v. William J. Hambly et al., Respondents-Appellants, et al., Defendant. (Action No. 1.) Aetna Casualty and Surety Company, Appellant-Respondent, v. William J. Hambly et al., Respondents-Appellants, et al., Defendant. (Action No. 2.)

Appellate Division of the Supreme Court of the State of New York, Second Department.

June 8, 1981

Interlocutory judgment and orders affirmed, without costs or disbursements.

The evidence supports the finding of Trial Term that the conveyance by Hambly to the Gurdas was with the actual intent to hinder or delay the plaintiff, who was then a "present or future creditor" (Debtor and Creditor Law, § 276). The court's denial of punitive damages or discretionary costs pursuant to CPLR 8303 (subd [a]) did not constitute...

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