Fishgold v. C.O.F., Inc.

—Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: In 1994 plaintiff’s wife commenced a matrimonial action and a receiver was appointed to take control of the marital assets, which included partnership and corporate assets in which plaintiff had an interest. The partnership and shareholder agreements provided for the manner in which equity buy-outs were to occur. During the pendency of the matrimonial action, M&T Bank procured a judgment against plaintiff in the amount of $1,015,365.92. That judgment was assigned to…