BARRISTERS ABSTRACT CORP. v. CAULFIELD


203 A.D.2d 406 (1994)

610 N.Y.S.2d 555

Barristers Abstract Corporation, Respondent, v. Thomas W. Caulfield et al., Defendants, and Dorothy A. Elliot, Appellant

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

April 18, 1994


Ordered that the order is affirmed, with costs.

The trial court properly determined that the plaintiff has established a triable issue of fact with respect to whether or not the real property in question was transferred with actual intent to defraud it (see, Debtor and Creditor Law § 276).

The appellant's assertion that the plaintiff's cause of action is time-barred is without merit. For a cause of action based upon a claim of actual intent to...

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