Mellnychuk v. Diana

Appellate Division of the Supreme Court of New York

Mellnychuk v. Diana

246 A.D. 743

Appellate Division of the Supreme Court of the State of New York·Decided December 15, 1935·Published

Opinion

Judgment dismissing plaintiff’s complaint in an action to set aside a conveyance as in fraud of a creditor affirmed, without costs. No opinion. Hagarty, Tompkins and Davis, JJ., concur; Lazansky, P. J., and Young, J., dissent and vote for reversal and a new trial upon the ground that the determination is against the weight of the evidence. The proof was clear and convincing that the wife joined with the husband in a scheme to defraud his creditors.

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Judgment dismissing plaintiff’s complaint in an action to set aside a conveyance as in fraud of a creditor affirmed, without costs. No opinion. Hagarty, Tompkins and Davis, JJ., concur; Lazansky, P. J., and Young, J., dissent and vote for reversal and a new trial upon the ground that the determination is against the weight of the evidence. The proof was clear and convincing that the wife joined with the husband in a scheme to defraud his creditors.

Mellnychuk v. Diana, 246 A.D. 743 (N.Y. Ct. App. 1935).

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