Appellate Division of the Supreme Court of New York, 1997

In re the Estate of King

In re the Estate of King
Appellate Division of the Supreme Court of New York · Decided October 6, 1997
243 A.D.2d 478; 665 N.Y.S.2d 283; 1997 N.Y. App. Div. LEXIS 9322
In re the Estate of King

Opinion of the Court

In a proceeding, inter alia, to set aside a conveyance of personal property as fraudulent, Joseph Gaier appeals from an order of the Surrogate’s Court, Westchester County (Emanuelli, S.), dated December 4, 1995, which denied his motion to dismiss the petition for failure to state a cause of action.

Ordered that the order is affirmed, with costs payable by Joseph Gaier personally.

*479The Surrogate’s Court properly denied Joseph Gaier’s motion to dismiss the petition for failure to state a cause of action. The petition and the accompanying exhibits were sufficient to make out a cause of action alleging that the transfers by A. William King to Gaier were made with the intent to hinder, delay, or defraud the petitioner (see, Debtor and Creditor Law § 276).

Gaier’s remaining contentions are without merit. Mangano, P. J., Rosenblatt, Joy and Luciano, JJ., concur.

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