DeGennaro v. DeGennaro

Fremont-Smith, Thayer, J.

This action arises from the conveyance and encumbrance of real properly by Peter C. DeGennaro (“Peter") following his divorce from plaintiff Corrinne A. DeGennaro (“Corrinne”).

Corrinne seeks a summary judgment declaring that Peter’s conveyance of the marital home from a trust (of which he was trustee) to himself and his subsequent mortgage of the home for a loan he received from Argent Mortgage Company1 are void because they were done in violation of the trust, of which plaintiff was the beneficiary, and in violation of a separation agreement between Corrinne and…