Appellate Division of the Supreme Court of New York, 1935

Mellnychuk v. Diana

Mellnychuk v. Diana
Appellate Division of the Supreme Court of New York · Decided December 15, 1935
246 A.D. 743
Mellnychuk v. Diana

Opinion of the Court

Judgment dismissing plaintiff’s complaint in an action to set aside a conveyance as in fraud of a creditor affirmed, without costs. No opinion. Hagarty, Tompkins and Davis, JJ., concur; Lazansky, P. J., and Young, J., dissent and vote for reversal and a new trial upon the ground that the determination is against the weight of the evidence. The proof was clear and convincing that the wife joined with the husband in a scheme to defraud his creditors.

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