Matco Electric Co. v. Plaza Del Sol Construction Corp.

Mikoll, J. (concurring in part and dissenting in part).

I concur with the majority’s affirmance of Special Term’s denial of defendants’ motion to dismiss the third and fourth causes of action in plaintiff’s amended complaint. I would also affirm Special Term’s denial of defendants’ motion to dismiss the fifth cause of action which seeks to impress a constructive trust on the subject realty on the grounds that the conveyance of title was gratuitous and made with an intent to defraud creditors. Plaintiff’s right to this relief is grounded on sections 276 and 278 (subd 1, par a) of the Debtor and…