Piccirillo v. Piccirillo
| Decision Date | 29 December 1989 |
| Citation | 156 A.D.2d 748,549 N.Y.S.2d 509 |
| Parties | Rosemary PICCIRILLO, Appellant, v. Paul PICCIRILLO, Defendant, Allessandro Piccirillo, et al., Respondents. |
| Court | New York Supreme Court — Appellate Division |
Michael Fuller Sirignano, White Plains, for appellant.
Snitow & Pauley, New York City (Franklyn H. Snitow and Richard A. Braunstein, of counsel), for respondents.
Before MOLLEN, P.J., and RUBIN, SULLIVAN and ROSENBLATT, JJ.
MEMORANDUM BY THE COURT.
In an action, inter alia, to recover damages and for the imposition of a constructive trust on the grounds of fraudulent conveyance, conversion, and conspiracy to defraud, the plaintiff appeals from (1) an order of the Supreme Court, Westchester County (Dachenhausen, J.), entered October 15, 1987, which granted the motion of the defendants Allessandro Piccirillo, Leonilda Piccirillo and Ugo Piccirillo for summary judgment dismissing the complaint as against them, and (2) an order of the same court (Miller, J.), entered August 2, 1988, which denied the plaintiff's motion pursuant to CPLR 5015 to vacate the order entered October 15, 1987.
ORDERED that the plaintiff is awarded one bill of costs payable by the defendants Allessandro Piccirillo, Leonilda Piccirillo and Ugo Piccirillo.
The record reveals that the plaintiff and the defendant Paul Piccirillo were divorced in 1984. Pending the resolution of the equitable distribution issues raised by the divorce case, the plaintiff commenced this action against her former husband Paul, his parents, the defendants Allessandro Piccirillo and Leonilda Piccirillo, and his brother Ugo Piccirillo. The plaintiff then moved, inter alia, for an order of attachment regarding the real and personal property of Allessandro, Leonilda and Ugo on the ground that they had conspired with Paul to secrete funds from her. A hearing was held on the motion, during which testimony was elicited indicating that Paul had created, among other things, a substantial bank account in trust with Allessandro and Leonilda which allegedly was used to pay Paul's expenses while he traveled extensively in Europe and the Middle East. It further appears from the record that Paul has relocated to Europe and is not expected to return to the United States. Paul's parents testified that while they had vacationed with Paul in Italy, they did not know where he resided. Subsequent to the hearing, the Supreme Court, Westchester County (Buell, J.), denied the plaintiff's motion for an order of attachment, finding, inter alia, that "[the] plaintiff has failed to meet the stringent requirements of CPLR § 6201 subdivision (3) by establishing that any of the three defendants whose actions were considered by this Court intended to defraud her or has assigned, disposed of, encumbered or secreted any property or is about to do any of those acts".
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