New York Court of Appeals

Hearn 45 St. Corporation, Appellant v. Moe Jano, Respondents

May 28, 1940283 N.Y. 139

Summary

The Court held that the plaintiff's action to set aside fraudulent transfers is grounded in the creditor's right to follow assets, not in a claim for actual fraud, and therefore the ten‑year statute of limitations under Civ. Prac. Act § 53 applies. The action was deemed equitable, timely, and the lower court's judgment was reversed.