Great Neck Car Care Center Inc. v. Elian

In an action to set aside an allegedly fraudulent conveyance, the defendants appeal from an order of the Supreme Court, Nassau County (Collins, J.), dated February 10, 1989, which denied their motion to dismiss the complaint and, sua sponte, which granted the plaintiff leave to amend the complaint.

Ordered that the order is reversed, on the law, with costs, the defendants’ motion to dismiss the complaint is granted, and the complaint is dismissed.

We find that the complaint failed to state a cause of action under the Debtor and Creditor Law article 10, to set aside a fraudulent conveyance. The…