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HAINES v. WEST

899 CA 19-00269.

176 A.D.3d 1619 (2019)

110 N.Y.S.3d 183

2019 NY Slip Op 07186

Peter L. Haines et al., as Coexecutors of the Estate of Patricia S. Haines, Deceased, Respondents, v. Holly West, Also Known as Holly W. West, et al., Appellants.

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided October 4, 2019.

Attorney(s) appearing for the Case

CARMEL, MILAZZO & DICHIARA LLP, NEW YORK CITY ( CHRISTOPHER P. MILAZZO OF COUNSEL), FOR DEFENDANT-APPELLANT HOLLY WEST, ALSO KNOWN AS HOLLY W. WEST.

SHULTS & SHULTS, HORNELL ( DAVID SHULTS OF COUNSEL), FOR DEFENDANT-APPELLANT WILLIAM J. HURLBURT, INDIVIDUALLY, AND DOING BUSINESS AS MILTON R. HURLBURT.

DAVIDSON FINK LLP, ROCHESTER ( DAVID L. RASMUSSEN OF COUNSEL), FOR PLAINTIFFS-RESPONDENTS.

Present —Whalen, P.J., Smith, Centra, NeMoyer and Troutman, JJ.

It is hereby ordered that the order and judgment so appealed from is unanimously reversed on the law without costs and the motion is denied.

Memorandum: Plaintiffs commenced this action seeking, inter alia, to set aside as a fraudulent conveyance a default judgment entered against defendant Holly West, also known as Holly W. West, in favor of defendant William J. Hurlburt, individually and doing business as Milton R. Hurlburt. Defendants now appeal from an order and...

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