Maio v. Gardino

Mikoll, J. P.

(dissenting). I respectfully dissent.

A fair reading of plaintiffs’ complaint under the relaxed standards governing CPLR 3211 dismissal motions supports plaintiffs’ position that the purpose of the action is to enforce their judgment by setting aside the claimed fraudulent conveyance or, alternatively, permitting them to attach the payments received by defendants Lois Lansing and Jean Adams thereunder. The majority holds, however, that even if plaintiffs’ action is viewed as one to enforce a money judgment, it is time barred. I disagree.

The fact that the equitable relief sought by…