Joseph v. Giacalone

—In an action by a judgment creditor pursuant to Debtor and Creditor Law article 10 to set aside a transfer of real property, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Lama, J.), dated July 1, 1993, which denied his motion for summary judgment setting aside the transfer.

Ordered that the order is reversed, on the law, without costs or disbursements, the motion is granted, and the matter is remitted to the Supreme Court, Suffolk County, for entry of an appropriate judgment.

The Supreme Court erred in failing to grant summary *673judgment to the plaintiff under the…