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Mittman v. Mittman

Appellate Division of the Supreme Court of New York, Second Department
Oct 20, 1969
33 A.D.2d 573 (N.Y. App. Div. 1969)

Summary

remanding for evidentiary hearing motion by creditor to vacate debtor's confession of judgment on the ground that judgment was in fraud of creditors

Summary of this case from Galerie Furstenberg v. Coffaro

Opinion

October 20, 1969


Appeal by plaintiff from an order of the Supreme Court, Kings County, dated March 3, 1969, which granted the motion of Jean Mittman, a judgment creditor of defendant, to vacate a confession of judgment entered in the office of the County Clerk of Kings County in the sum of $15,005 in favor of plaintiff against defendant, on the ground that said judgment was in fraud of creditors. Order reversed, on the law and in the exercise of discretion, without costs, and case remitted to Special Term for a hearing and a new determination, as herein indicated. The findings of fact below have not been affirmed. In our opinion the confession of judgment was sufficiently detailed and definite to meet the requirements of CPLR 3218. In view of the conflicting affidavits and supporting proof, it should not have been held void as in fraud of creditors without a hearing; and a plenary hearing should be held so that all the facts may be adduced and evaluated ( Albert v. Wender, 19 A.D.2d 737). Brennan, Acting P.J., Hopkins, Benjamin, Munder and Kleinfeld, JJ., concur.


Summaries of

Mittman v. Mittman

Appellate Division of the Supreme Court of New York, Second Department
Oct 20, 1969
33 A.D.2d 573 (N.Y. App. Div. 1969)

remanding for evidentiary hearing motion by creditor to vacate debtor's confession of judgment on the ground that judgment was in fraud of creditors

Summary of this case from Galerie Furstenberg v. Coffaro
Case details for

Mittman v. Mittman

Case Details

Full title:HYMAN MITTMAN, Appellant, v. MEYER S. MITTMAN, Defendant. JEAN MITTMAN…

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

Date published: Oct 20, 1969

Citations

33 A.D.2d 573 (N.Y. App. Div. 1969)

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