GUILIANO v. RICHARDSON


278 A.D.2d 453 (2000)

717 N.Y.S.2d 913

BIAGIO GUILIANO, Respondent, v. ANGELA RICHARDSON, Appellant, et al., Defendants.

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

Decided December 26, 2000.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, the motion is granted, and the action against the remaining defendants is severed.

The plaintiff commenced this action to challenge the sale of a condominium unit to the defendant in 1993, alleging both constructive and actual fraud (see, Debtor and Creditor Law §§ 273, 276). However, contrary to the plaintiff's contention, the application of the doctrine of collateral...

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