Opinion
October 6, 1997
Appeal from the Surrogate's Court, Westchester County (Emanuelli, S.).
Ordered that the orders are affirmed, with one bill of costs payable by Celeste Carlesimo personally.
In this proceeding, the petitioner is seeking to set aside, as fraudulent, a conveyance by her brother, A. William King, to Celeste Carlesimo of shares in certain cooperative apartments formerly owned by the petitioner's parents.
The large discrepancy between the price paid by Carlesimo for the cooperative apartments, $1,267,000, and the market value of these apartments as demonstrated by the petitioner's expert appraisal, $2,754,000, created a jury question on the issue of bad faith ( see, Canajoharie Natl. Bank v. Diefendorf, 123 N.Y. 191; cf., Second Natl. Bank v. Weston, 172 N.Y. 250). Accordingly, the Surrogate properly denied Carlesimo's motion for summary judgment.
Carlesimo's remaining contentions are without merit.
Mangano, P.J., Rosenblatt, Joy and Luciano, JJ., concur.