MITTMAN v. MITTMAN


33 A.D.2d 573 (1969)

Hyman Mittman, Appellant, v. Meyer S. Mittman, Defendant. Jean Mittman, Respondent

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

October 20, 1969


Order reversed, on the law and in the exercise of discretion, without costs, and case remitted to Special Term for a hearing and a new determination, as herein indicated.

The findings of fact below have not been affirmed. In our opinion the confession of judgment was sufficiently detailed and definite to meet the requirements of CPLR 3218. In view of the conflicting affidavits and supporting proof, it should not have been held void as in fraud of creditors without...

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