From Casetext: Smarter Legal Research

Montalbano v. Mazziatta

Appellate Division of the Supreme Court of New York, Second Department
Nov 1, 1932
236 App. Div. 845 (N.Y. App. Div. 1932)

Opinion

November, 1932.


Judgment reversed on the law and the facts and a new trial granted, costs to appellant to abide the event. The conveyance made by husband to wife was voluntary. This created a presumption that the conveyance was made in fraud of creditors of the husband, of whom plaintiff was one at the time of the transfer. ( Ga Nun v. Palmer, 216 N.Y. 603. ) Under these circumstances, the complaint should not have been dismissed. Findings of fact 6, 7, 8 and 9 are reversed, being without evidence to support them; conclusions of law are reversed. Lazansky, P.J., Kapper, Scudder, Tompkins and Davis, JJ., concur.


Summaries of

Montalbano v. Mazziatta

Appellate Division of the Supreme Court of New York, Second Department
Nov 1, 1932
236 App. Div. 845 (N.Y. App. Div. 1932)
Case details for

Montalbano v. Mazziatta

Case Details

Full title:GIUSEPPE MONTALBANO, Appellant, v. FRANCESCO MAZZIATTA, Also Known as…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Nov 1, 1932

Citations

236 App. Div. 845 (N.Y. App. Div. 1932)

Citing Cases

Matter of Russo

"In New York the Appellate Division has held that the presumption still survives. Montalbano v. Mazziatta,…

Feist v. Druckerman

In New York the Appellate Division has held that the presumption still survives. Montalbano v. Mazziatta, 236…