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Barclays Bank of New York v. Recupero

Appellate Division of the Supreme Court of New York, Second Department
Jan 22, 1991
169 A.D.2d 752 (N.Y. App. Div. 1991)

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.


Summaries of

Barclays Bank of New York v. Recupero

Appellate Division of the Supreme Court of New York, Second Department
Jan 22, 1991
169 A.D.2d 752 (N.Y. App. Div. 1991)
Case details for

Barclays Bank of New York v. Recupero

Case Details

Full title:BARCLAYS BANK OF NEW YORK, N.A., Respondent, v. PHIL RECUPERO et al.…

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

Date published: Jan 22, 1991

Citations

169 A.D.2d 752 (N.Y. App. Div. 1991)