Appellate Division of the Supreme Court of New York, 1963

Board of Trade of the Wholesale Seafood Merchants, Inc. v. Castagnola

Board of Trade of the Wholesale Seafood Merchants, Inc. v. Castagnola
Appellate Division of the Supreme Court of New York · Decided February 11, 1963
18 A.D.2d 914; 238 N.Y.S.2d 362; 1963 N.Y. App. Div. LEXIS 4394
Board of Trade of the Wholesale Seafood Merchants, Inc. v. Castagnola

Opinion of the Court

Judgment reversed on the law and the facts, with costs, and complaint dismissed, with costs. Findings of fact which may be inconsistent herewith are reversed and new findings are made as indicated herein. In op.r opinion, the proof established that the conveyance in question was made for a fair consideration and without any fraudulent intent. Hence, defendants were entitled to a dismissal of -the complaint. Kleinfeld, Brennan and Hill, JJ., concur; Ughetta, Acting P. J., and Christ, J., dissent and vote to affiim the judgment.

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