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N.Y. DCD Law § 278

Rights of creditors whose claims have matured

Showing this section's text as in effect on January 1, 2015 (in force January 1, 2015 – January 1, 2020). View current text →

§ 278. Rights of creditors whose claims have matured. 1. Where a\nconveyance or obligation is fraudulent as to a creditor, such creditor,\nwhen his claim has matured, may, as against any person except a\npurchaser for fair consideration without knowledge of the fraud at the\ntime of the purchase, or one who has derived title immediately or\nmediately from such a purchaser,\n a. Have the conveyance set aside or obligation annulled to the extent\nnecessary to satisfy his claim, or\n b. Disregard the conveyance and attach or levy execution upon the\nproperty conveyed.\n 2. A purchaser who without actual fraudulent intent has given less\nthan a fair consideration for the conveyance or obligation, may retain\nthe property or obligation as security for repayment.\n

Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.