New York Court of Appeals

Federal Deposit Insurance Corporation, Appellant v. Daniel A. Porco, Respondents, Defendant

February 13, 199075 N.Y.2d 840

Summary

The Court affirmed the Appellate Division’s order, holding that a creditor cannot recover money damages against parties who merely assist a debtor in transferring assets before a judgment. The Court reasoned that New York statutes §§278, 279, and 273‑a do not create such a remedy and that the longstanding common‑law rule rejecting causes of action for mere participation remains controlling.