Bagnall v. Daharjon, Inc.

In an action, inter alia, to set aside a conveyance of real property as a fraud upon creditors, plaintiff appeals from so much of a judgment of the Supreme Court, Orange County (Green, J.), dated December 2, 1981, as, after a nonjury trial, denied his request for a counsel fee and defendants cross-appeal, as limited by their brief, from so much of the same judgment as set aside the conveyance. Judgment modified, as a matter of discretion, by adding a provision that plaintiff is entitled to an additional allowance pursuant to CPLR 8303 (subd [a], par 2). As so modified, judgment affirmed…