Falcone v. Falcone

Appellate Division of the Supreme Court of New York

Falcone v. Falcone

29 A.D.2d 829, 287 N.Y.S.2d 627, 1968 N.Y. App. Div. LEXIS 4684

Appellate Division of the Supreme Court of the State of New York·Decided February 15, 1968·Published·Cited by 1 cases

Opinion

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.

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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.

Falcone v. Falcone, 29 A.D.2d 829, 287 N.Y.S.2d 627, 1968 N.Y. App. Div. LEXIS 4684 (N.Y. Ct. App. 1968).

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