Commissioners of State Insurance Fund v. Weissman

Supreme Court held that while the complaint stated causes of action for violations of Debtor and Creditor Law §§ 273, 274 and 276-a, the complaint should be dismissed, pursuant to CPLR 3211 (a) (1) as barred by the documentary evidence. Supreme Court stated that because plaintiff Commissioners did not show that defendant was a defendant in an action to recover money damages in which SIF was a plaintiff, or that a judgment was docketed against her, within the meaning of Debtor Creditor Law § 273-a, the entire complaint should be dismissed.

It is not clear, from the motion court’s decision, how…