Legal Opinion

Hearn 45 St. Corp. v. Jano

New York Court of Appeals

Decided May 28, 1940PublishedCited by 62 opinions

1Opinion of the CourtFinch, J.

This is a judgment creditor’s action to set aside transfers and to follow the assets of a corporate judgment debtor, which were transferred through alleged judicial proceedings so as to be beyond the reach of execution.

The issues arise upon a motion to dismiss the complaint and present the question whether the cause of action is governed by the six- or the ten-year periods of limitations. If the former, then the action is already barred.

The complaint alleges three wholly unsatisfied judgments recovered by plaintiff against the corporate judgment debtor under a written lease on the business…

2Cases cited7 opinions

  1. Kountze v. . KennedyNew York Court of Appeals · 1895
  2. Keys v. LeopoldNew York Court of Appeals · 1925
  3. Buttles v. SmithNew York Court of Appeals · 1939
  4. Carr v. . ThompsonNew York Court of Appeals · 1881
  5. Spallholz v. . SheldonNew York Court of Appeals · 1915

2 more not listed; retrieve them via the Exa API.

3Cited by62 opinions

  1. Marine Midland Bank v. MurkoffAppellate Division of the Supreme Court of the State of New York · 1986
  2. Federal Deposit Insurance v. PorcoNew York Court of Appeals · 1990
  3. Nasaba Corp. v. Harfred Realty Corp.New York Court of Appeals · 1942
  4. Eberhard v. MarcuCourt of Appeals for the Second Circuit · 2008
  5. Glassman v. GlassmanNew York Court of Appeals · 1956

57 more not listed; retrieve them via the Exa API.

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