Legal Opinion
Marine Midland Bank-New York v. Batson
New York Supreme Court
Decided May 25, 1972PublishedCited by 8 opinions
1Opinion of the CourtBertram Harnett, J.
The issue presented by this motion for summary judgment is whether a realty conveyance from husband to wife given pursuant to a separation agreement can be set aside by a creditor as fraudulent for lack of “fair consideration ”.
By separation agreement dated June 10, 1970, John Batson agreed to deed his interest in jointly owned real property to his wife Miriam. She in turn agreed to waive ‘ ‘ any and all claims to alimony and support, provided she does not become incapable of self support while she still is married to him ”. She also waived her statutory rights of inheritance election. Two…
2Cases cited13 opinions
- Goldman v. GoldmanNew York Court of Appeals · 1940
- Schmelzel v. SchmelzelNew York Court of Appeals · 1941
- Kyff v. KyffNew York Court of Appeals · 1941
- Jackson v. JacksonNew York Court of Appeals · 1943
- Holden v. . Efficient Craftsman Corp.New York Court of Appeals · 1923
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3Cited by8 opinions
- Federal Deposit Insurance Co., Cross-Appellant v. Leonard Malin, and Phyllis Malin, Cross-AppelleesCourt of Appeals for the Second Circuit · 1986
- Commodity Futures Trading Commission v. WalshNew York Court of Appeals · 2011
- Federal Deposit Ins. Corp. v. United StatesDistrict Court, N.D. Georgia · 1986
- Mitchell v. Wilmington Trust Co.Court of Chancery of Delaware · 1982
- Ceravolo v. BucknerNew York Supreme Court · 1981
3 more not listed; retrieve them via the Exa API.