Legal Opinion
Kasinski v. Questel
Appellate Division of the Supreme Court of the State of New York
Decided March 6, 1984PublishedCited by 8 opinions
1Opinion of the Court
OPINION OF THE COURT
Boomer, J.
We hold that a dependent wife who is separated from her husband may be a creditor of the husband within the meaning of section 270 of the Debtor and Creditor Law even though she has not entered into a separation agreement or obtained an order of support. Consequently we reverse the order and judgment of Special Term dismissing the wife’s counterclaim to set aside the conveyance of the marital residence as fraudulently made to defeat her rights as a creditor.
The controversy arose when the husband, having left the marital residence, conveyed that residence to his…
2Cases cited5 opinions
- Ga Nun v. . PalmerNew York Court of Appeals · 1916
- Enthoven v. EnthovenNew York Supreme Court · 1938
- Soldano v. SoldanoAppellate Division of the Supreme Court of the State of New York · 1978
- Safie v. SafieAppellate Division of the Supreme Court of the State of New York · 1965
- Safie v. SafieNew York Court of Appeals · 1966
3Cited by8 opinions
- Kleinfeld v. PedersenAppellate Division of the Supreme Court of the State of New York · 1986
- Galgano v. OrtizAppellate Division of the Supreme Court of the State of New York · 2001
- Gaglione v. Sam's Bargain Center, Inc.Appellate Division of the Supreme Court of the State of New York · 2001
- Amex Dev., LLC v. Aljohn Group, Inc.Appellate Division of the Supreme Court of the State of New York · 2022
- Henry v. Soto-HenryAppellate Division of the Supreme Court of the State of New York · 2011
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