Opinion
January 22, 1991
Appeal from the Supreme Court, Rockland County (Weiner, J.).
Ordered that the order and judgment is reversed, on the law, with costs, and the plaintiff's motion for summary judgment is denied.
Contrary to the Supreme Court's determination, we find that the plaintiff failed to establish as a matter of law that the conveyance made by the defendant Jack Vecchiarelli to his wife, the defendant Suzanne Vecchiarelli, was fraudulent as that term is defined in Debtor and Creditor Law § 273. Thus, the plaintiff was not entitled to the drastic remedy of summary judgment (see, Fox v Wyeth Labs., 129 A.D.2d 611). Brown, J.P., Rosenblatt, Miller and Ritter, JJ., concur.