Legal Opinion
Glasser v. Kashinsky
Appellate Division of the Supreme Court of the State of New York
Decided March 3, 1997PublishedCited by 5 opinions
1Opinion of the Court
In an action, inter alia, to recover damages for a fraudulent conveyance, the plaintiff appeals from an order of the Supreme Court, Queens County (Gold-stein, J.), dated March 26, 1996, which denied his motion for summary judgment.
Ordered that the order is affirmed, with costs.
To prove that a conveyance is fraudulent as a matter of law under Debtor and Creditor Law § 273, the party challenging the conveyance has the burden of proving both insolvency and the lack of fair consideration (see, Matter of American Inv. Bank v Marine Midland Bank, 191 AD2d 690). The determination of insolvency and…
2Cases cited4 opinions
- Gramatan Home Investors Corp. v. LopezNew York Court of Appeals · 1979
- American Investment Bank, N.A. v. Marine Midland Bank, N.A.Appellate Division of the Supreme Court of the State of New York · 1993
- Cilco Cement Corp. v. WhiteAppellate Division of the Supreme Court of the State of New York · 1976
- Colacino v. PoyzerAppellate Division of the Supreme Court of the State of New York · 1991
3Cited by5 opinions
- Sullivan v. Messer Ex Rel. Estate of Corcoran (In Re Corcoran)District Court, E.D. New York · 2000
- Prudential Farms v. MorrisAppellate Division of the Supreme Court of the State of New York · 2001
- Fernbach, LLC v. CalleoAppellate Division of the Supreme Court of the State of New York · 2012
- Corvera v. Prime Source Dev., LLCAppellate Division of the Supreme Court of the State of New York · 2019
- York/Hunter, Inc. v. OratzAppellate Division of the Supreme Court of the State of New York · 2001