276-A - Attorneys' fees in action or special proceeding to set aside a conveyance made with intent to defraud.

§  276-a. Attorneys' fees in action or special proceeding to set aside  a conveyance made with intent  to  defraud.  In  an  action  or  special  proceeding  brought  by  a creditor, receiver, trustee in bankruptcy, or  assignee for the benefit of creditors to set aside  a  conveyance  by  a  debtor,  where  such conveyance is found to have been made by the debtor  and received by the transferee with actual intent, as distinguished from  intent presumed in law, to hinder, delay or defraud  either  present  or  future  creditors,  in  which action or special proceeding the creditor,  receiver,  trustee  in  bankruptcy,  or  assignee  for  the  benefit  of  creditors  shall recover judgment, the justice or surrogate presiding at  the trial shall fix the reasonable  attorney's  fees  of  the  creditor,  receiver,  trustee  in  bankruptcy,  or  assignee  for  the  benefit  of  creditors in such  action  or  special  proceeding,  and  the  creditor,  receiver,  trustee  in  bankruptcy,  or  assignee  for  the  benefit  of  creditors shall have  judgment  therefor  against  the  debtor  and  the  transferee who are defendants in addition to the other relief granted by  the  judgment.  The  fee  so  fixed  shall  be  without prejudice to any  agreement, express or implied, between the creditor,  receiver,  trustee  in bankruptcy, or assignee for the benefit of creditors and his attorney  with respect to the compensation of such attorney.