
    Charles Niemann, Respondent, v. William Spiwak, Appellant, and Others, Defendants.
   Order denying motion to dismiss the complaint on the ground that on its face it fails to state facts sufficient to constitute a cause of action affirmed, with ten dollars costs and disbursements. The complaint stating two causes of action, namely, one for a debt alleged to be owing by defendant William Spiwak to the plaintiff, and a second cause of action alleging a fraudulent conveyance of real property by said Spiwak and his wife, by which it is alleged Spiwak made himself insolvent or with an “ unreasonably small capital ” with intent to defraud the plaintiff, is sufficient on the face thereof and the defendants’ motion to dismiss the complaint was properly denied. Young, Hagarty, Carswell and Tompkins, JJ., concur; Lazansky, P. J., concurs in result.  