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Mechwart v. Mechwart

Appellate Division of the Supreme Court of New York, Second Department
Mar 5, 2002
292 A.D.2d 354 (N.Y. App. Div. 2002)

Opinion

2001-05918

Argued January 28, 2002.

March 5, 2002.

In an action to set aside certain conveyances of real property, the plaintiff appeals from a judgment of the Supreme Court, Suffolk County (Molia, J.), entered June 14, 2001, which, after a nonjury trial, dismissed the complaint.

Tananbaum Sibener, Commack, N.Y. (Paul S. Sibener of counsel), for appellant.

Conforti, Waller Kaplowitz, LLP, Hauppauge, N.Y. (Anthony T. Conforti of counsel), for respondent.

Before: SONDRA MILLER, J.P., DANIEL F. LUCIANO, ROBERT W. SCHMIDT, STEPHEN G. CRANE, JJ.


ORDERED that the judgment is affirmed, with costs.

While an appellate court's authority in reviewing a nonjury trial is as broad as that of a trial court, due deference is given to the court's determinations (see, Matter of Ingargiola, 212 A.D.2d 789, 790; Barclays Bank of N.Y. v. Heady Elec. Co., 212 A.D.2d 749, cert denied 519 U.S. 1110; DiBruno v. Abrams, 208 A.D.2d 672, 674). The decision of a trial court should not be disturbed on appeal unless its conclusions could not have been reached based upon any fair interpretation of the evidence (see, Matter of Ingargiola, supra; Barclays Bank of N.Y. v. Heady Elec. Co., supra; Matter of Poggemeyer, 87 A.D.2d 822).

Contrary to the plaintiff's contention, the Supreme Court properly determined that the decedent knowingly executed the subject deeds, such that the conveyance of the properties herein was not the product of fraud in the factum (see, e.g., First Nat. Bank of Odessa v. Fazzari, 10 N.Y.2d 394, 397; Chapman v. Rose, 56 N.Y. 137, 140).

The plaintiff's remaining contentions are without merit.

S. MILLER, J.P., LUCIANO, SCHMIDT and CRANE, JJ., concur.


Summaries of

Mechwart v. Mechwart

Appellate Division of the Supreme Court of New York, Second Department
Mar 5, 2002
292 A.D.2d 354 (N.Y. App. Div. 2002)
Case details for

Mechwart v. Mechwart

Case Details

Full title:ROBERT MECHWART, ETC., appellant, v. CHARLES MECHWART, ETC., respondent

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

Date published: Mar 5, 2002

Citations

292 A.D.2d 354 (N.Y. App. Div. 2002)
738 N.Y.S.2d 604

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