New York

Warning: The following opinion is provided for purposes of discussion only. We have not Shepardized™ this opinion, and do not know the subsequent disposition of this case nor whether the effect of the opinion has been overruled or superceded by other law.

Grace Sciacca, etc. v. Jack Mandel et al.,
659 N.Y.S.2d 998 (N.Y.App.Div. Dept.2 06/23/1997)

SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT

96-06402

1997.NY.42187, 659 N.Y.S.2d 998

June 23, 1997

GRACE SCIACCA, ETC., APPELLANT, V JACK MANDEL, ET AL., DEFENDANTS, HILDA MUNZ, RESPONDENT.

Stephen David Fink, Forest Hills, N.y., for appellant.

Gurfein & Graubard, New York, N.y. (Robert C. Graubard of counsel), for respondent.

William C. Thompson, J.p., Daniel W. Joy, Myriam J. Altman, Anita R. Florio, JJ.

DECISION & ORDER

There are factual questions as to whether the mortgage given by the defendant Jack Mandel to the decedent Fannie Mandel constituted a fraudulent transfer under the Debtor and Creditor Law, and whether, even if the transfer was not fraudulent, it would be equitable to enforce that mortgage under the circumstances of this case (see, Futterman v Calce, 226 A.D.2d 306, 642 N.Y.S.2d 220; Grumman Aerospace Corp. v Rice, 199 A.D.2d 365, 605 N.Y.S.2d 305).

We have examined the parties' remaining contentions and find them to be without merit.

THOMPSON, J.P., JOY, ALTMAN and FLORIO, JJ., concur.

The legal opinions are a matter of public record (that's how we got them), and as such there can be no defamation for republishing them. Sometimes, however, legal opinions are reversed, vacated, or significantly modified, etc., and we do not discover this fact until somebody points it out to us. As we do not desire to publish inaccurate or outdated information, if a legal opinion has been reversed, vacated, or significantly modified, please advise us of this fact immediately, by fax to (877) 698-0678 or you may also send regular postal correspondence to Riser Adkisson LLP at 1827 Powers Ferry Road, Building One, Suite 200, Atlanta GA 30339.