Opinion
February 1, 1999
Appeal from the Supreme Court, Kings County (Greenstein, J.).
Ordered that the order is affirmed, with costs.
To prove that a conveyance is fraudulent as a matter of law under Debtor and Creditor Law § 273, the party challenging the conveyance has the burden of proving both insolvency and the lack of fair consideration ( see, Glasser v. Kashinsky, 237 A.D.2d 252; see also, Matter of American Inv. Bank v. Marine Midland Bank, 191 A.D.2d 690). The determination of insolvency and what constitutes fair consideration are generally questions of fact ( see, Glasser v. Kashinsky, supra). In the present case, the plaintiff failed to prove as a matter of law that fair consideration was not given for the conveyance ( see, Debtor and Creditor Law § 272; Zuckerman v. City of New York, 49 N.Y.2d 557). Accordingly, the Supreme Court properly denied the plaintiff's motion for summary judgment.
The plaintiff's remaining contentions are without merit (see, Debtor and Creditor Law § 276-a; Gramatan Home Investors Corp. v. Lopez, 46 N.Y.2d 481).
Miller, J. P., Ritter, Altman and Luciano, JJ., concur.