Century 21 Bigman Realty, Inc. v. Horton

Appellate Division of the Supreme Court of New York

Century 21 Bigman Realty, Inc. v. Horton

230 A.D.2d 761, 646 N.Y.S.2d 458, 1996 N.Y. App. Div. LEXIS 8358

CourtAppellate Division of the Supreme Court of the State of New York

DecidedAugust 12, 1996

StatusPublished

This text of 230 A.D.2d 761 (Century 21 Bigman Realty, Inc. v. Horton) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Century 21 Bigman Realty, Inc. v. Horton, 230 A.D.2d 761, 646 N.Y.S.2d 458, 1996 N.Y. App. Div. LEXIS 8358 (N.Y. Ct. App. 1996).

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Opinion

—In an action to recover a broker’s commission, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Lama, J.), dated December 23, 1994, which denied its motion to set aside a conveyance as fraudulent pursuant to the Debtor and Creditor Law.

Ordered that the order is affirmed, with costs.

We agree with the Supreme Court that the plaintiff failed to sustain its burden of demonstrating that a conveyance from defendant Jacqueline Horton to her former husband Kim Horton was made without fair consideration within the meaning of Debtor and Creditor Law § 273-a (see, Colombo v Caiati, 131 AD2d 532; Gelbard v Esses, 96 AD2d 573).

Rosenblatt, J. P., Ritter, Pizzuto and Hart, JJ., concur.

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—In an action to recover a broker’s commission, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Lama, J.), dated December 23, 1994, which denied its motion to set aside a conveyance as fraudulent pursuant to the Debtor and Creditor Law.

Ordered that the order is affirmed, with costs.

We agree with the Supreme Court that the plaintiff failed to sustain its burden of demonstrating that a conveyance from defendant Jacqueline Horton to her former husband Kim Horton was made without fair consideration within the meaning of Debtor and Creditor Law § 273-a (see, Colombo v Caiati, 131 AD2d 532; Gelbard v Esses, 96 AD2d 573).

Rosenblatt, J. P., Ritter, Pizzuto and Hart, JJ., concur.

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Bluebook (online)

230 A.D.2d 761, 646 N.Y.S.2d 458, 1996 N.Y. App. Div. LEXIS 8358, Counsel Stack Legal Research, https://law.counselstack.com/opinion/century-21-bigman-realty-inc-v-horton-nyappdiv-1996.

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