MARINE MID. BANK-N. Y. v. BATSON


70 Misc.2d 8 (1972)

Marine Midland Bank-New York, Plaintiff, v. John E. Batson et al., Defendants.

Supreme Court, Special Term, Nassau County.

May 25, 1972


Attorney(s) appearing for the Case

Sullivan & Cromwell for plaintiff. Matthew J. Cronin for Miriam Batson, defendant. John E. Batson, defendant in person.


BERTRAM HARNETT, J.

The issue presented by this motion for summary judgment is whether a realty conveyance from husband to wife given pursuant to a separation agreement can be set aside by a creditor as fraudulent for lack of "fair consideration".

By separation agreement dated June 10, 1970, John Batson agreed to deed his interest in jointly owned real property to his wife Miriam. She in turn agreed to...

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