Republic Insurance v. Levy

By order of this court dated February 15, 1972, plaintiff was awarded summary judgment pursuant to section 273-a of the Debtor and Creditor Law setting aside a conveyance as fraudulent as to plaintiff. Plaintiff has submitted a proposed judgment for settlement in which it requests attorney’s fees pursuant to section 276-a of the Debtor and Creditor Law.

Section 276-a permits an award of attorney’s fees in an action to set aside a conveyance where such conveyance is found to have been made by the debtor and received by the transferee with actual intent, as distinguished from intent presumed in…