* § 276-a. Attorneys' fees in action or special proceeding to set\naside a conveyance made with intent to defraud. In an action or special\nproceeding brought by a creditor, receiver, trustee in bankruptcy, or\nassignee for the benefit of creditors to set aside a conveyance by a\ndebtor, where such conveyance is found to have been made by the debtor\nand received by the transferee with actual intent, as distinguished from\nintent presumed in law, to hinder, delay or defraud either present or\nfuture creditors, in which action or special proceeding the creditor,\nreceiver, trustee in bankruptcy, or assignee for the benefit of\ncreditors shall recover judgment, the justice or surrogate presiding at\nthe trial shall fix the reasonable attorney's fees of the creditor,\nreceiver, trustee in bankruptcy, or assignee for the benefit of\ncreditors in such action or special proceeding, and the creditor,\nreceiver, trustee in bankruptcy, or assignee for the benefit of\ncreditors shall have judgment therefor against the debtor and the\ntransferee who are defendants in addition to the other relief granted by\nthe judgment. The fee so fixed shall be without prejudice to any\nagreement, express or implied, between the creditor, receiver, trustee\nin bankruptcy, or assignee for the benefit of creditors and his attorney\nwith respect to the compensation of such attorney.\n * NB Effective until April 4, 2020\n * § 276-a. Attorney's fees in action or special proceeding under this\narticle to avoid a transfer or obligation. In an action or special\nproceeding under this article in which a judgment creditor who has been\nawarded by court order or agreement or has waived attorney's fees\navailable to prevailing parties by the terms of the statute under which\nthe creditor's underlying claim arose, or representative asserting the\nrights of such judgment creditor, recovers judgment avoiding any\ntransfer or obligation, the justice or surrogate presiding at the trial\nshall fix the reasonable attorney's fees of the creditor, or creditor\nrepresentative, incurred in such action or special proceeding under this\narticle as an additional amount required to satisfy the creditor's\nclaim, and the creditor, or creditor representative, shall have judgment\ntherefor against the debtor and, subject to the defenses and protections\nin section two hundred seventy-seven of this article, against any\ntransferee (or person for whose benefit the transfer was made) against\nwhom relief is ordered, in addition to the other relief granted by the\njudgment. The fee so fixed shall be without regard, or prejudice, to any\nagreement, express or implied, between the creditor, or the creditor\nrepresentative, and his or her attorney with respect to the compensation\nof such attorney.\n * NB Effective April 4, 2020\n
§ 276-a. Attorney's fees in action or special proceeding under this\narticle to avoid a transfer or obligation. In an action or special\nproceeding under this article in which a judgment creditor who has been\nawarded by court order or agreement or has waived attorney's fees\navailable to prevailing parties by the terms of the statute under which\nthe creditor's underlying claim arose, or representative asserting the\nrights of such judgment creditor, recovers judgment avoiding any\ntransfer or obligation, the justice or surrogate presiding at the trial\nshall fix the reasonable attorney's fees of the creditor, or creditor\nrepresentative, incurred in such action or special proceeding under this\narticle as an additional amount required to satisfy the creditor's\nclaim, and the creditor, or creditor representative, shall have judgment\ntherefor against the debtor and, subject to the defenses and protections\nin section two hundred seventy-seven of this article, against any\ntransferee (or person for whose benefit the transfer was made) against\nwhom relief is ordered, in addition to the other relief granted by the\njudgment. The fee so fixed shall be without regard, or prejudice, to any\nagreement, express or implied, between the creditor, or the creditor\nrepresentative, and his or her attorney with respect to the compensation\nof such attorney.\n
