Appellate Division of the Supreme Court of New York, 1968

Falcone v. Falcone

Falcone v. Falcone
Appellate Division of the Supreme Court of New York · Decided February 15, 1968
29 A.D.2d 829; 287 N.Y.S.2d 627; 1968 N.Y. App. Div. LEXIS 4684
Falcone v. Falcone

Opinion of the Court

Judgment unanimously affirmed, with costs. Memorandum: The evidence sustains the determinations made by the trial court. In addition, we find that the transfer of the Homestead Restaurant from respondent to appellant, although motivated by the desire to hinder a potential creditor, was made at the suggestion and insistence of appellant. Under such circumstances she is estopped from invoking the equitable defense of unclean hands. (Boyd v. De La Montagnie, 73 N. Y. 498.) (Appeal from judgment of Niagara Trial Term, in action to set aside deed.) Present — Williams, P. J., Bastow, Henry, and Del Vecchio, JJ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.