Martin v. Martin — 23 N.Y.2d 858

Majority

p. 858

June E. Martin, Respondent, v. Katharine A. Martin, Appellant.

Argued November 27, 1968;

decided January 9, 1969.

p. 859

Saul Berger for appellant.

Sanford Solarz for respondent.

Order modified by striking out the allowance of counsel fees of $1,500 and, as modified, affirmed, without costs. This action under section 276 of the Debtor and Creditor Law does not meet the literal requirement of an action to set aside a con

p. 860

veyanee by a debtor within section 276-a in which an allowance of attorney’s fees is authorized.

Concur: Chief Judge Fuld and Judges Burke, Scileppi, Bergan, Keating, Breitbl and Jasen.