BERNER v. SCHLESINGER


26 Misc.2d 1089 (1960)

Irwin M. Berner, as Trustee in Bankruptcy of J. Mackey & Son, Inc., Bankrupt, Plaintiff, v. Fae E. Schlesinger et al., Defendants.

Supreme Court, Special Term, Nassau County.

November 14, 1960


Attorney(s) appearing for the Case

Kaye, Scholer, Fierman & Hays (Charles H. Cohen of counsel), for plaintiff. Benjamin H. Wicksel for defendants.


MARIO PITTONI, J.

Motion by the plaintiff for summary judgment in an action to set aside certain conveyances as fraudulent and for money damages is denied.

The only affidavit submitted for the plaintiff is by one of the plaintiff's attorneys. He backs this with voluminous transcripts of various examinations before trial of the defendants, and by certain admissions pursuant to section 322 of the Civil Practice Act. It is true that the testimony...

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