KASINSKI v. QUESTEL


99 A.D.2d 396 (1984)

Catherine M. Kasinski, Respondent, v. Betty J. Questel, Appellant and Third-Party Plaintiff. Joseph Questel, Third-Party Defendant

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

March 6, 1984


Attorney(s) appearing for the Case

Denis A. Kitchen, Jr., for appellant.

Williams, Stevens, McCarville & Frizzell (Patrick Curran of counsel), for respondent.

DOERR, J. P., GREEN, O'DONNELL and SCHNEPP, JJ., concur.


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...

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