Mariner Harbor National Bank v. Imperial Beverage Corp.

Order denying appellants’ motion under rules 106 and 107 of the Rules of Civil Practice, to dismiss the complaint, reversed on the law, with ten dollars costs and disbursements, and the motion granted, without costs, with leave to respondents to serve an amended complaint within ten days from the entry of the order hereon if they be so advised. The complaint fails to state a creditor’s action to set aside fraudulent conveyances for the reason that it contains no allegation that the transfers left the debtors insolvent or unable to meet the plaintiffs’ claims; and, further, such an action is…