Section 276-A. Attorneys' fees in action or special proceeding to set aside a conveyance made with intent to defraud  


Latest version.
  • In  an  action  or  special
      proceeding  brought  by  a creditor, receiver, trustee in bankruptcy, or
      assignee for the benefit of creditors to set aside  a  conveyance  by  a
      debtor,  where  such conveyance is found to have been made by the debtor
      and received by the transferee with actual intent, as distinguished from
      intent presumed in law, to hinder, delay or defraud  either  present  or
      future  creditors,  in  which action or special proceeding the creditor,
      receiver,  trustee  in  bankruptcy,  or  assignee  for  the  benefit  of
      creditors  shall recover judgment, the justice or surrogate presiding at
      the trial shall fix the reasonable  attorney's  fees  of  the  creditor,
      receiver,  trustee  in  bankruptcy,  or  assignee  for  the  benefit  of
      creditors in such  action  or  special  proceeding,  and  the  creditor,
      receiver,  trustee  in  bankruptcy,  or  assignee  for  the  benefit  of
      creditors shall have  judgment  therefor  against  the  debtor  and  the
      transferee who are defendants in addition to the other relief granted by
      the  judgment.  The  fee  so  fixed  shall  be  without prejudice to any
      agreement, express or implied, between the creditor,  receiver,  trustee
      in bankruptcy, or assignee for the benefit of creditors and his attorney
      with respect to the compensation of such attorney.