Neilson v. Sal Martorano, Inc.
| Decision Date | 08 February 1971 |
| Citation | 319 N.Y.S.2d 480,36 A.D.2d 625 |
| Parties | Edwin NEILSON, etc., Respondent, v. SAL MARTORANO, INC., etc., et al., Respondents, and Christina Perez, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Albanese & Albanese, Jamaica, for plaintiff-respondent; Joseph A. Fiore, Jamaica, of counsel.
Gerzof & Miller, Freeport, for appellant, Christina Perez; Alan Manning Miller, Freeport, of counsel.
Before RABIN, P.J., and HOPKINS, LATHAM, SHAPIRO and BRENNAN, JJ.
MEMORANDUM BY THE COURT.
In an action Inter alia to set aside an alleged fraudulent conveyance of land and to recover damages for other alleged fraudulent acts, defendant Perez appeals from an order of the Supreme Court, Nassau County, dated March 10, 1970, which denied her motion to dismiss the complaint as against her on the ground of lack of personal jurisdiction.
Order affirmed, with $10 costs and disbursements to plaintiff.
Appellant's time to answer the complaint is extended until 20 days after entry of the order to be made hereon.
In September and October, 1965, during the pendency of a wrongful death action commenced by plaintiff against the defendant corporation and defendant Salvatore Martorano, the corporation's sole stockholder, the corporation conveyed an improved parcel of land to defendant Caroline Martorano, the wife of defendant Salvatore Martorano, executed and delivered a mortgage on another parcel of land to defendant Perez, defendant Salvatore Martorano's sister, and also gave her a chattel mortgage on a crane. In 1969, in that action, plaintiff recovered a judgment against the defendant corporation and defendant Salvatore Martorano, but execution thereon against the corporation was returned unsatisfied. In 1970, plaintiff, attacking the above transfers as fraudulent, commenced this action to set aside the conveyance to defendant Caroline Martorano and to recover from defendant Perez the moneys allegedly paid to her by the defendant corporation in satisfaction of the real property and chattel mortgages.
The causes of action directed against defendant Perez allege that she gave no consideration to the defendant corporation for the mortgages. The summons and complaint were served upon her personally in Florida and she moved pursuant to CPLR 3211 (subd. (a), par. 8) to dismiss those causes of action on the ground of lack of personal jurisdiction, alleging that she had been a domiciliary of Florida for more than 13 years and that she had...
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