Sciacca v. Mandel

Full title: GRACE SCIACCA, Appellant, v. JACK MANDEL et al., Defendants, and HILDA…

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Jun 23, 1997

240 A.D.2d 651 (N.Y. App. Div. 1997)

659 N.Y.S.2d 998

Opinion

June 23, 1997

Appeal from the Supreme Court, Kings County (Vinik, J.).

Ordered that the order is affirmed, with costs.

There are factual questions as to whether the mortgage given by the defendant Jack Mandel to the decedent Fannie Mandel constituted a fraudulent transfer under the Debtor and Creditor Law, and whether, even if the transfer was not fraudulent, it would be equitable to enforce that mortgage under the circumstances of this case ( see, Futterman v. Calce, 226 A.D.2d 306; Grumman Aerospace Corp. v. Rice, 199 A.D.2d 365).

We have examined the parties' remaining contentions and find them to be without merit.

Thompson, J.P., Joy, Altman and Florio, JJ., concur.