Legal Opinion

Century 21 Bigman Realty, Inc. v. Horton

Appellate Division of the Supreme Court of the State of New York

Decided August 12, 1996Published

1Opinion of the Court

—In an action to recover a broker’s commission, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Lama, J.), dated December 23, 1994, which denied its motion to set aside a conveyance as fraudulent pursuant to the Debtor and Creditor Law.

Ordered that the order is affirmed, with costs.

We agree with the Supreme Court that the plaintiff failed to sustain its burden of demonstrating that a conveyance from defendant Jacqueline Horton to her former husband Kim Horton was made without fair consideration within the meaning of Debtor and Creditor Law § 273-a (see, Colombo v…

2Cases cited2 opinions

  1. Gelbard v. EssesAppellate Division of the Supreme Court of the State of New York · 1983
  2. Colombo v. CaiatiAppellate Division of the Supreme Court of the State of New York · 1987

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