Chemical Bank New York Trust Co. v. Nicoletti

In an action by a judgment creditor to set aside the alleged fraudulent transfer of property by the judgment debtor, the plaintiff moves to examine a third party as a witness before trial.

Plaintiff alleges that the judgment debtor transferred to his wife, the other defendant in this action, his interest in one Colony Gardens, Inc., and that after this conveyance the aforementioned corporation was dissolved and that a successor copartnership, Colony Gardens, was established. The plaintiff argues that since (1) the third party was an officer and director of Colony Gardens, Inc., together with…