FRANKLIN NAT'L BANK v. IVES


27 A.D.2d 744 (1967)

Franklin National Bank, Respondent, v. Albert R. Ives et al., Appellants-Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

February 20, 1967


Reversed, with $10 costs and disbursements, and plaintiff's motion for summary judgment denied.

In our opinion, there are triable fact issues, barring summary judgment, as to (a) whether there was a secret preference given to plaintiff's assignor and (b) whether the preference, secret or not, was obtained by duress. If there was such secret preference, it would be void and inoperative (Solinger v. Earle, 82 N.Y. 393; White v. Kuntz, 107 N.Y. 518...

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